Bablu Vs State of U.P. and another

Court No. - 22

Case :- APPLICATION U/S 482 No. - 33867 of 2018

Applicant :- Babbu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rama Shanker Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State of U.P.

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Learned counsel for the applicant contended that due to typographical mistake name of the applicant Babbu is mentioned as Bablu.

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Learned counsel for applicant is permitted to make necessary correction in the name of applicant.

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In-charge, Computer Centre is directed to correct the case title of the case.

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This application under Section 482 Cr.P.C. has been filed to quash the order dated 24.07.2017 and 22.08.2017 passed by Additional Sessions Judge, Court No. 2, Sahjahanpur in S.T. No. 959 of 2010 (State vs. Bablu and others), whereby opportunity of applicant/accused to cross examine PW-5 Investigating Officer Navrang Singh was closed.

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Learned counsel for the applicant contended that due to illness applicant/accused could not appear before the the trial court. Accordingly the impugned order has been passed.

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As per provision of Section 309 of the Code of Criminal Procedure, the trial court may pass appropriate order in absence of accused dispensing with the cross examination of witness.

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Accordingly I find no illegality in the impugned order passed by the trial court.

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However, in the interest of justice, the trial court is directed to afford a single opportunity on payment of cost fixed by trial court to applicant to cross examine PW-5 Navrang Singh.

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With the above direction, this application under U/s 482 Cr.P.C., is disposed of.

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Order Date :- 25.10.2018 VG..

Bablu v. State of U.P. and another

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Bablu v. State of U.P. and another

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