Court No. - 53
Case :- APPLICATION U/S 482 No. - 14188 of 2018 Applicant :- Sandeep Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Chandra Shekhar Kushwaha, learned counsel for the applicant and Sri Shyamdhar Yadav, learned AGA alongwith Sri Ashutosh Diljan appearing for the State.
This is an application filed under Section 482 Cr.P.C. seeking to quash the impugned order dated 09.02.2018 passed by learned Additional Sessions Judge, Court No.5, Saharanpur (Annexure No.5) in Special Case No.52 of 2010 (State Vs. Neeraj & Ors.), under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Titoro, District Saharanpur and also direct the trial court to summon the P.W.-2 namely Ravindra Chand Pant (opposite party no.2) and P.W.-3 namely Chandra Shekhar Sharma for cross examination.
The submission of the learned counsel for the applicant is that he has made an application to recall P.W.-2 & 3 for cross- examination which the learned Sessions Judge has rejected illegally vide order dated 09.02.2018. It is submitted that the interest of justice require that the applicant may be permitted to cross-examine the aforesaid witnesses as not doing so will cause irreversible prejudice to their defence.
A perusal of the impugned order shows that on 09.01.2013 examination-in-chief of P.W.-2, Ravindra Chand Pant was recorded and he was cross-examined by co-accused Monu but was chosen not to be cross-examined by the other co-accused Neeraj and Sandeep of whom the applicant is one. It is in those circumstances that cross-examination by other witnesses was ordered to be closed. Likewise P.W.-3, Chandra Shekhar Sharma has also deposed in the witness box on 09.01.2013 and was cross-examined by co-accused Neeraj and Monu but not apparently on behalf of the present applicant, Sandeep. After the evidence of other prosecution witnesses has been recorded followed by the statement of the accused under Section 313 Cr.P.C. as would appear from perusal of the impugned order, and, the case is now fixed for address of arguments by learned counsel.
It is at this stage that the present application to recall P.W.-2 & 3 has been made on behalf of the applicant who never cross- examined the said witnesses when they had taken stand in the witness box. It is apparent that the application now made under Section 311 Cr.P.C. is a device to delay trial.
This Court does not find any infirmity in the impugned order. The application fails and is, accordingly, dismissed in limine.
Order Date :- 25.4.2018 Shahroz