Court No. - 64
Case :- APPLICATION U/S 482 No. - 32387 of 2019 Applicant :- Shankar Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R. P. Singh Parihar,Shubhank Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of impugned order dated 10.07.2017 passed in Session Trial No. 414 of 2008 (State Vs. Shankar Lal and Another), under Sections 307, 323, 504 and 506 I.P.C., Police Station Tilhar, District Shahjahanpur, pending in the court of Additional Session Judge, Court No. 5, Shahjahanpur and direct the learned court below to summon the PW-1 namely Rameshwar and P.W.-2 Bablu, and permit the applicant to cross examine them.
Heard learned counsel for applicant and learned A.G.A. Perused the record.
Counsel for the applicant has not been able to point out any illegality, impropriety or incorrectness much less than any abuse of court's process, which may persuade this Court to interfere in the impugned order. It appears that certain witnesses were examined in the year 2011 and now those witnesses have been sought to be recalled once again on behalf of the accused- applicant. The trial has already reached at the stage of recording of statement of accused under Section 313 Cr.P.C. It further transpires from the impugned order that even on previous occasion the application seeking recall of the witnesses was rejected by the trial court vide order dated 19.01.2017. The aforesaid order dated 19.01.2017 has not been annexed alongwith this application. Even statement of the witnesses recorded earlier in the year 2011 has not been annexed in order to show either the nature of evidence or the justifiability of their recall. Trial court has observed that as the application seeking the recall was rejected earlier, there was hardly any justification to allow the similar application later on. It is not difficult to see in between the lines that the trial is already delayed and by way of filing of such application an attempt is being made by the applicant to further procrastinate the trial.
The application lacks merit and stands accordingly dismissed.
Order Date :- 26.8.2019/P.S.Parihar