Court No. - 49
Case :- APPLICATION U/S 482 No. - 25236 of 2018 Applicant :- Surendra Singh @ Surendra Bahadur Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sudhakar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,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 order dated 20.6.2018 passed by Additional Session Judge/ F.T.C. 1st Jaunpur in S.T. No.276 of 2016 arising out of Case Crime No. 236 of 2016, under Sections- 147, 302, 307 I.P.C., Police Station- Sureri, District- Jaunpur, by which the application filed by the prosecution to discharge certain prosecution witnesses have been allowed.
Learned counsel for the applicant states that the testimony of the three prosecution witness Ramdhani, Lalman and Hirawati Devi is crucial to the defence of the applicant and therefore the learned Court below has erred in allowing the application by the prosecution to not present their testimony.
That apart, the defence cannot force the prosecution to lead any particular evidence. Therefore, the impugned order does appear to suffer any illegality, at this stage.
The application u/s 482 Cr.P.C. is dismissed leaving it open to the applicant to pursue other remedies as may be available in law.
Order Date :- 26.7.2018 SFH