Disposal of application under Section 482 Cr.P.C. allowing applicant one more opportunity to cross-examine specific prosecution witnesses and directing trial court accordingly.
Directed trial court to provide applicant one more opportunity to cross-examine prosecution witnesses P.W.1 Khushbu Agarwal and P.W.2 Smt. Sushila Devi.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 106 of 2018
Applicant :- Raj Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Abhishek Kumar, learned counsel for the applicant and learned A.G.A. and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 28.10.2017 passed by the Special Judge, S.C./S.T. Act, Agra in Special Sessions Trial No. 353 of 2014 (State v. Raj Kumar) and to direct the court below to permit the applicant to cross-examine prosecution witnesses, viz. P.W.1 Khushbu Agarwal and P.W.2 Smt. Sushila Devi.
Learned counsel for the applicant contended that he has no opportunity to cross-examine P.W.1 Khushbu Agarwal and P.W.2 Smt. Sushila Devi. He further contended that the applicant Raj Kumar is is jail.
Per contra, learned A.G.A. contended that there is no infirmity or illegality in the impugned order.
Perused the impugned order. From its perusal, it appears that P.W.1 Khushbu Agarwal and P.W.2 Smt. Sushila Devi have not been cross-examined by counsel for the applicant. In the interest of justice, it would be appropriate to provide one more opportunity to learned counsel for the applicant to crossexamine the prosecution witnesses, viz. P.W.1 Khushbu Agarwal and P.W.2 Smt. Sushila Devi.
In view of above, the trial court is directed to provide one more opportunity to learned counsel for the applicant to crossexamine P.W.1 Khushbu Agarwal and P.W.2 Smt. Sushila Devi, who shall remain present before the trial court.
With the aforesaid directions, the instant application is finally disposed of.
Order Date :- 23.1.2018 I. Batabyal
2 issues framed by the court
Whether the applicant should be given an additional opportunity to cross-examine prosecution witnesses.
Whether the application to quash the lower court order should be allowed.
1 provisions across 1 enactments
Raj Kumar
State Of U.P.
Umesh Chandra Tripathi
I. Batabyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
