Court No. - 53
Case :- APPLICATION U/S 482 No. - 2170 of 2019 Applicant :- Sukalu @ Pahalwan And 8 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the entire proceedings as well as the impugned order dated 13.12.2018 passed by Additional Sessions Judge, Fast Track Court, Lalitpur, in Sessions Trial No. 01 of 2011 (State v. Sukalu alias Pahalwan and others), arising out of Case Crime No. 264 of 2010, under Sections 147, 148, 323, 304/34 of the Indian Penal Code, 1860, Police Station - Purakala, District - Laliltpur, pending in the court of Additional Sessions Judge, F.T.C., Lalitpur, whereby the application of the applicants under Section 311 of the Code to summon the I.O. P.W.5 Ram Babu Yadav for further cross-examination was rejected.
Learned counsel for the applicants contended that after examination of the I.O.
P.W.5 Ram Babu Yadav, witness of fact P.W.6 Kalu Ram was examined and there are some contradictions in the statement of Kalu Ram. These contradictions should be proved by the I.O. Accordingly, re-examination of I.O.
P.W.5 Ram Babu Yadav is essential.
Per contra, learned A.G.A. opposed the prayer made and contentions thereof raised by learned counsel for the applicants and contended that the material on record was sufficient for justifying initiation of the criminal proceedings and passing of the impugned order in the aforesaid case against the applicants.
Learned counsel for the applicants could not show any contradiction in the statement of witness of fact P.W.6 Kalu Ram, which is liable to be put before the I.O. Moreover, if there is any contradiction in the statement of Kalu Ram, benefit of the same may be provided by the trial court at the time of deciding the case.
Accordingly, the prayer for quashing the entire proceedings as well as the impugned order passed in the aforesaid case by the court below is hereby refused.
With the aforesaid observations/directions, the instant application under Section 482 of the Code stands disposed of.
Order Date :- 22.1.2019 I. Batabyal