Court No. - 73
Case :- APPLICATION U/S 482 No. - 7366 of 2019 Applicant :- Shareef Ahamad Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 09.01.2019 passed by Additional District and Sessions Judge Court No.15, Moradabad in Session Trial No.367 of 2018 (State of U.P. Vs. Ajim and others), arising out of Case Crime No.492 of 2017, Police Station- Mainather, District- Moradabad, pending in the court of Additional District and Sessions Judge, Court No.15, Moradabad .
Learned counsel for the applicant submitted that applicant has moved an application on 26.10.2018 before the Court below for re-statement of P.W.1 as earlier he could not disclose the certain facts. He further submitted that Court below has rejected the application vide order dated 9.01.2019 only on the ground that first of all examination in chief has been completed and cross examination of the accused is in process. Further in the application of the prosecution, it has not been mentioned that what important facts have been left to be examined, therefore, permission to fill up the lacuna of case by re-statement of P.W.1 cannot be granted.
I have perused the application dated 26.10.2018 and order dated 9.1.2019. The ground taken in the order dated 9.1.2019 is correct and in the application dated 26.10.2018, no specific reason and facts have been mentioned by re-statement of P.W.1, therefore, there is no illegality or perversity in the order dated 9.1.2019. The application lacks merit and is, accordingly, dismissed. No order as to costs.
Order Date :- 26.2.2019 Junaid