Court No. - 41
Case :- APPLICATION U/S 482 No. - 6949 of 2019 Applicant :- Shiv Prasad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Swaroop,Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
By the present application, the applicant has challenged the order dated 21.01.2019 passed by Additional Sessions Judge/ F.T.C. Court No. 1, Azamgarh whereby, court below has rejected the application filed by the applicant under Section 311 Cr.P.C. for recalling of PW-1, Meena Devi.
The submission of learned counsel for the applicant is that there were some important questions left out from being asked in the cross-examination.
I have heard learned counsel for the applicant, learned AGA and have also perused the record.
The application dated 21.01.2019 filed for recalling of the witness-PW1 does not contain any details as to which important questions for cross-examination were left out.
The statement of PW-1 was taken around 12 years back therefore, the court below after taking into consideration all the relevant aspects of the matter has rightly passed order dated 21.01.2019.
I do not find any reason to interfere with the same. In view thereof, application u/s 482 is dismissed.
Order Date :- 21.2.2019 P Kesari