Court No. - 65
Case :- APPLICATION U/S 482 No. - 11540 of 2019 Applicant :- Vipin Kumar And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prashant Singh,Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 22.2.2019 passed by the Addl. Sessions Judge/F.TC., Court No.1, Mathura on Application U/s 311 Cr.P.C. in S.T. No. 809 of 2013, State versus Vipin and others pending in the court below.
Heard learned counsel for the applicants, learned AGA and perused the record.
Learned counsel for the applicants has not been able to point out any illegality, impropriety or incorrectness much less than any abuse of the court's process which may persuade this Court to interfere in the impugned order. The impugned order reflects judicial application of mind. The entire facts, circumstances and the law have been well discussed in the impugned order. The application under Section 311 Cr.P.C. was moved at a very advanced stage of the trial when it has already reached at its terminating stage of arguments. The witness has already been examined and cross- examined. The same witness has once again been sought to be further cross-examined. It appears that some affidavit favourable to the accused was filed. This is certainly not a ground to recall the witness. Otherwise, this Court shall not only be giving a chance to the accused to exercise coercive pressure upon the witness and temper with the evidence but it shall also result in an unreasonable procrastination of the trial. Probably no trial can be concluded if recalling of witnesses on such ground is allowed.
The application lacks merit and stands dismissed.
Order Date :- 25.4.2019 CPP/-