Allowed

Asgan and 2 Others v. State of U.P. and Another

Allahabad HC17 Jul 2018CRLR/1385/2018

Case brief

AI extract

What is this about?

This revision favored an accused on trial for murder, overturning a lower court order that rejected a request for further cross-examination of a prosecution witness, citing fair trial rights and the need to arrive at truth.

What did the court decide?

The impugned order dated 12.02.2018 rejecting the application under Section 311 Cr.P.C. was set aside and the matter remitted to the lower court.

Asgan and 2 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 49

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Case :- CRIMINAL REVISION No. - 1385 of 2018

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Revisionist :- Asgan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Kashi Naresh Mishra Counsel for Opposite Party :- G.A.,Rajesh Kumar Dubey

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Kashi Naresh Mishra, learned counsel for the applicants, Sri Rajesh Kumar Duvey, learned counsel for the opposite party no.2 and learned AGA for the State as also perused the record.

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The present revision application has been filed against the order dated 12.02.2018, by which the application filed under Section 311 Cr.P.C. being paper no. 169 Kha has been rejected by the Additional Sessions Judge, Court No.14, Aligarh.

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Learned counsel for the applicants submits, at present prosecution evidence is continuing and in such circumstance, the application filed by the applicants under Section 311 Cr.P.C. ought not to have been rejected, looking into the nature of charge framed against the applicants.

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Perusal of the order reveals, the learned court below has rejected the application as it has appeared to the Court that the question being sought to be asked by way of further examination are similar to certain questions already put to the prosecution witness.

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That apart it cannot be denied that the applicants are standing trial for a serious offence under Section 302 IPC. The application filed by the applicants also does appear to be seeking inordinate delay of the trial inasmuch as limited recall of a single witness has been sought.

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Learned counsel for the applicants further states that if such opportunity is granted, he would complete the further cross examination of PW-1 on a single date in not more than an hour.

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Reliance has been place on the decision of the learned Single Judge of this Court in the case of G.R.Gulati Vs. State of U.P. & another 2014 (3)JIC 729 (Alld) , wherein in paragraphs 6 and 9 it has been held as below:

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"6. .....There is a duty cast upon the court to arrive at the truth by all lawful means and one of such means is the examination of witnesses of its

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own accord when for certain obvious reasons either party is not prepared to call witnesses who are known to be in a position to speak important relevant facts.

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9. .....The prompt decision of criminal case is to be commended and encouraged but in reaching at these results, the accused, who are charged with a serious offence, must not be stripped of his valuable right of a fair and impartial trial because it would be negation of concept of due process of law. Regardless of the merits of the case, the court has not only to look into the case of the prosecution but has also to keep in mind the defence version."

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Considering the above, no useful purpose would be served in keeping the application pending, the order dated 12.02.2018 passed by the learned Addl. Sessions Judge, Court No.14, Aligarh in S.T. No. 483 of 2004 is set aside. The matter is remitted to the learned court below, subject to payment of cost of Rs. 5,000/- payable to the opposite party no.2 within one week from today.

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Subject to payment of such cost, the learned court below may hear and decide the applicant's application filed U/s 311 Cr.P.C., paper no. 169 Kha, in accordance with law.

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In view of the aforesaid observation, the instant revision is allowed .

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Order Date :- 17.7.2018 Lbm/-

Asgan and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Asgan and 2 Others v. State of U.P. and Another

Case brief

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