1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 2019
  6. /
  7. January

Shamim vs State Of U P And Another

High Court Of Judicature at Allahabad|21 February, 2019


Court No. - 41
Case :- APPLICATION U/S 482 No. - 7005 of 2019 Applicant :- Shamim Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Praveen Kumar Singh,Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsels for the parties.
Present petition is filed by the petitioner for setting aside the order dated 06-02-2019 passed by learned 2nd Additional District Judge/Special Judge, Gautam Budh Nagar, in Sessions Trial No. 567 of 2011, arising out of case crime no. 15 of 2011, under sections 307,452,324 and 506 I.P.C., Police Station-Dadri, District-Gautam Budh Nagar.
Cross examination of P.W.-8, Dr. Veer Bhushan was closed on 04- 12-2018. An application for recall of cross-examination of P.W.-8, Dr. Veer Bhushan was moved on 06-02-2019. The court below has rejected the said application on the ground of delay. The court below should not have rejected the application as there was no malafide delay in filing of the said application.
Looking into the facts and circumstances of the case, the application under section 311 Cr.P.C. is allowed on payment of cost of Rs. 5,000/- to be paid by the applicant. The court below is directed to summon the P.W.-8, Dr. Veer Bhushan for cross-examination on the date fixed by it within a period of two weeks from the date a certified copy of this order is placed before it. P.W.-8, Dr. Veer Bhushan, shall appear before the court for the cross-examination on the date fixed and no adjournment shall be taken by the petitioner.
It is made clear that in case the applicant fails to cross examine the P.W.-8, Dr. Veer Bhushan on the date fixed, no further opportunity shall be given to him for cross-examination. The applicant will also bear further cost for summoning P.W.-8, Dr. Veer Bhushan.
With the aforesaid, present petition is disposed of.
Order Date :- 21.2.2019 AKS (Vivek Chaudhary, J.)
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.

Shamim vs State Of U P And Another


High Court Of Judicature at Allahabad

21 February, 2019
  • Vivek Chaudhary
  • Praveen Kumar Singh Anurag Vajpeyi