Court No. - 72
Case :- APPLICATION U/S 482 No. - 16829 of 2019 Applicant :- Sonu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sunil Kumar Pathak, learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 16.03.2019 passed in Session Trial No. 341 of 2014, arising out of Case Crime No. 47 of 2014, under Section- 302 I.P.C., Police Station- Rakabganj, District- Agra and direct the learned trial court to summon/recall the prosecution witness PW-1 namely Foolan Devi & P.W.-2 namely Azad.
3. Learned counsel for the applicant submits, the applicant is facing a heavy charge of offence under Section 302 I.P.C. At present, the only three prosecution witness have been examined and that the second application filed by the applicant under Section 311 Cr.P.C. seeking recall of P.W.-1 and P.W.-2 is well- reasoned, based on specific questions proposed to be put to those prosecution witnesses. Earlier also the applicant had filed an application seeking recall of P.W.-1 and P.W.-2, which had been rejected.
4. Learned AGA has opposed the present application. He submits, sufficient opportunity was granted to the applicant to cross-examine P.W.-1 and P.W.-2, which opportunity had also been availed. Therefore, there is no good ground to allow the present applicant any further opportunity.
5. Having heard learned counsel for the parties and having perused the record, though it cannot be denied that the applicant had earlier filed an application seeking recall of P.W.-1 and P.W.-2, however undisputedly, the same was not based on any reason inasmuch as no specific question had been disclosed therein as was proposed to be put to P.W.-1 and P.W.-2. However, the present application is wholly reasoned, it specifies ten questions that are proposed to be put to P.W.-1 and P.W.-2 who are both witness of fact.
6. Also, the applicant is facing a heavy charge of offence under Section 302 I.P.C. Therefore, in the interest of justice, it would be wholly expedient to grant limited opportunity to the applicant to cross-examine PW-1 namely Foolan Devi & P.W.-2 namely Azad upon recall of those witnesses.
7. Considering the above, no useful purpose would be served in keeping the present application pending any further. The order dated 16.03.2019 is set aside, subject to payment of cost Rs. 2,000/- to be paid by the applicant to opposite party no. 2 on the next date fixed. The learned court below may allow a single date opportunity to the applicant to cross-examine PW-1 namely Foolan Devi & P.W.-2 namely Azad.
8. The applicant further undertakes not to obtain any undue or long adjournment for the said purpose and shall complete the cross-examination of P.W.-1 and P.W.-2 on a single date.
9. The present application is accordingly allowed.
Order Date :- 29.4.2019 Prakhar