Court No. - 73
Case :- APPLICATION U/S 482 No. - 6449 of 2019 Applicant :- Sonu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhitosh Mishra,Pushpendra Singh 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 impugned order dated 08.01.2019 passed by Additional District and Sessions Judge/Special Judge (POCSO Act), Court No.8, Bulandshahar, in Case Crime No.0216 of 2015 in Special Case No.13 of 2016 (State Vs. Sonu), under Sections- 363, 366, 376- D IPC, Police Station- Bhawan Bhadur Nagar, District- Bulandshahar.
Learned counsel for the applicant submitted that applicant has moved an application under Section 311 Cr.P.C. before the Court below for re-examination of the P.W.1 on the ground that statement of P.W.1 was recorded, which was against the accused-applicant whereas P.W.2 i.e. victim has given statement in favour of the accused-applicant, which was also supported by P.W.3, P.W.4 & P.W.5. He further submitted that under such facts and circumstances, the re- examination of P.W.1 is required in the interest of justice. He also submitted that after the statements of P.W.2 to P.W.5, it is necessary to re-examine the P.W.1 as his statement is contrary statement given by P.W.2 to P.W.5 which was not considered by the Court below. He further submitted that application under Section 311 Cr.P.C. has been rejected without assigning any reason only on the ground that once the P.W.1 has already been examined, there is no occasion to re-examine him, therefore, liable to be quashed.
I have perused the record as well as statements of prosecution witnesses. The statement of P.W.1 is against the accused-applicant and the statements of P.W.2 to P.W.5 is in favour of the accused-applicant, therefore, there is occasion to re- examine the P.W.1 and order dated 08.01.2019 passed by Additional District and Sessions Judge/Special Judge (POCSO Act), Court No.8, Bulandshahar is liable to be quashed.
Under such facts and circumstances, the application is allowed and order dated 08.01.2019 is hereby quashed. Court below is directed to summon the P.W.1 within one week from the date of production of certified copy of this order and complete re- examination on the questions mentioned in the application date 22.11.2018 within next two weeks.
Order Date :- 22.2.2019 Junaid