3Court No. - 65
Case :- APPLICATION U/S 482 No. - 4385 of 2019 Applicant :- Sonu @ Ghamandi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.,Harishchandra Dubey,Ram Mohan
Hon'ble Dinesh Kumar Singh-I,J.
List revised.
Learned counsel for the applicant Sri Anurag Dubey and Sri G.P. Singh, learned A.G.A for the State are present.
None has appeared on behalf of opposite party no.2 despite sufficient service.
It is argued by learned counsel for the applicant that the impugned order dated 18.1.2019 has been erroneously passed by the trial Court by which the application of the applicant/accused (32-B) has been dismissed in which prayer was made that PW5 Pramod Kumar, Investigating Officer may be summoned again for being cross examined by him. It is further argued that the counsel of the accused could not appear on the said date nor could he move any adjournment because of some difficulty and on that ground only, the opportunity has been closed by the trial court which has resulted in tremendous prejudice being caused to the accused, hence, it is prayed that a direction may be issued to the trial court to summon PW5 again so that he may be cross examined.
Learned A.G.A. has not opposed the quashing of the said order.
I have gone through the impugned order and find that the trial court has recorded that on 25.8.2018, PW5 had appeared in Court whose examination-in-chief was recorded and opportunity was given to the applicant to cross examine him but neither the counsel of the applicant appeared not any adjournment was moved and accordingly the case was further fixed for remaining evidence and on the next date i.e. 30.11.2018, the next witness Dr. Pavitra Singh was also examined as PW6. It is further mentioned in the impugned order that the application dated 30.10.2018 for recalling PW5 was moved belatedly without any justified reason and hence, it is held that the said application was moved only to delay the case and the same was dismissed.
I find it reasonable that one opportunity be given to the applicant to cross examine PW5, the Investigating Officer of the case as he is considered to be an important witness in the trial.
Hence, the impugned order is set aside.
The trial court is directed to fix a specific date on which the trial court shall summon PW5 Pramod Kumar, the Investigating Officer of the case for being cross examined by the accused/applicant and on that very date, the entire evidence shall be concluded without granting any undue adjournment to either side.
Withe the above directions, this application is disposed of.
Order Date :- 26.7.2019 Madhurima