Court No. - 66
Case :- APPLICATION U/S 482 No. - 43109 of 2019 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to set-aside the impugned order dated 23.9.2019 passed by Additional District Judge, Court No.8, Muzaffar Nagar in S.T. No. 352 of 2016 (State vs. Sonu and another), arising out of Case Crime No.360 of 2016, under Sections 363, 366, 368, 376 I.P.C. and 3/4 POCSO Act, P.S. Shahpur, District Muzaffar Nagar whereby the learned Judge dismissed the application under Section 311 Cr.P.C. to recall PW-1 & PW-2 for cross- examination.
It has been argued by learned counsel for the applicant that the trial judge has illegally rejected the recall application of the applicant for recalling PW-1, Smt. Bala and PW-2, prosecutrix as certain material questions could not be put during cross- examination. It is stated that in fact an adjournment application was moved on behalf of the applicant as the counsel for the applicant was not fully prepared for cross-examination, however, the learned Judge closed the opportunity for cross- examination of P.W. 2 who is a most important witness and victim in the present case.
I may record that the recall application has been moved in a routine manner without detailing as to what material questions are to be put before P.W.s 1 & 2 and the application for recalling the witnesses has been filed with ulterior motive.
I have carefully gone through the impugned order passed by the learned Judge and do not find any illegality or perversity in the order passed by the trial court.
In the light of aforesaid, I do not find any merit in the present application and the trial court has rightly exercised the discretion under Section 311 Cr.P.C. and the present application stands, accordingly, dismissed.
Order Date :- 26.11.2019/ Vikas