Court No. - 72
Case :- APPLICATION U/S 482 No. - 21849 of 2019 Applicant :- Sandeep Chaturvedi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 17.05.2019 passed by the learned Additional District and Sessions Judge, Court No.10, Mathura in S..T. No.948 of 2014 (State Vs. Sandeep and Others), in Case Crime No.855 of 2013, under Sections-147, 148, 149, 302 I.P.C., Police Station-Kotwali, District-Mathura.
3. Learned counsel for the applicants submits that in the present case, the order passed by the learned court below is unduly harsh and hasty, inasmuch as, it is undisputed that the examination-in-chief of PW-3 Ashish Chaturvedi, was recorded on 01.05.2019 and his cross- examination was to take place on that date. Owing to the circumstances beyond the control of the present applicants, being the thirteenth day from the death of the mother of applicant no.4, that applicant could not appear and had filed an application for exemption. As to the other applicants, though, it is admitted, they could have been present, however, on account of certain mis-understanding and mis- communication, they also did not appear.
4. While the exemption application is claimed to have been filed by applicant no.4 on which no order came to be passed, however, the learned court below has hurriedly closed the opportunity of cross- examination of all applicants.
5. Insofar as PW-2 is concerned, the facts are different, inasmuch as the testimony of the said witness been recorded earlier and he had been cross examined by some of the accused persons.
6. In the application dated 09.05.2015 filed by applicant no.2, it has only been mentioned that certain questions have remained to be put to that witness with respect to TV interview given by him.
7. Thus, it has been submitted that the applicants being faced with a heavy charge of offence under Section 302, the learned court below has needlessly closed the opportunity of cross-examination in a hurried manner.
8. Learned AGA, on the other hand, submits that the applicants are themselves to blame as they did not appear before the learned court below and did not file and press proper application to seek any adjournment. The trial itself is of the year 2014 and the learned court below has not acted in a hurried manner but has passed the order only in the interest of justice so that the trial may be concluded expeditiously.
9. Having heard learned counsel for the parties and having perused the record, with respect to the cross examination sought by PW-3 Ashish Chaturvedi, it is seen that his examination-in-chief was recorded on 01.05.2019 and on that date itself the opportunity of cross examination was closed to all the accused persons. Even if, it may be assumed that there was some error on part of some of the applicants, it does appear that the application for exemption was filed by one of them being applicant no.4. While such fact has been stated in the recall application filed by the said applicant no.4, there is no discussion with respect to the same in the impugned order dated 17.05.2019 or the order dated 01.05.2019 when the opportunity of cross examination had been closed. For that reason alone, the present application deserves to be allowed as once the cross examination is to be allowed to applicant no.4, there may remain no real reason or cause to deny that liberty to the other applicants as none of them has yet cross examined PW-3.
10. Insofar as PW-2 is concerned, though, exact question had not been specified in the application seeking recall of that witness, however, the subject matter of cross examination has been disclosed being the answers given by that witness during a specified TV interview that is claimed to be relevant to the incident giving rise to the trial of the applicants. Therefore in the interest of justice a limited opportunity to cross examine that witness may also have been allowed.
11. Accordingly, the application is allowed. Further, directions are issued to the effect that the applicants may be offered cross examination of PW- 2 Ashok Kumar, on one date alone. All applicants undertake to complete their cross examination on that date itself without seeking, in any way, to repeat any cross examination question and without otherwise seeking to delay that cross examination. The applicants be also allowed an opportunity to cross examine PW-3 Ashish Chaturvedi on the date and convenience of the learned court below. Also the applicants undertake not to take any undue or long adjournment.
Order Date :- 31.5.2019 S.Chaurasia