High Court allowed an application under Section 482 Cr.P.C. setting aside an order dismissing a prayer to recall a witness, directing the trial court to summon and examine the complainant/informant in the criminal case.
Impugned order dated 7.3.2019 set aside; direction to summon and examine complainant/informant.
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Court No. - 43
Case :- APPLICATION U/S 482 No. - 12020 of 2019 Applicant :- Uday Pratap Singh Opposite Party :- State Of Up And 04 Others Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This 482 Cr.P.C. application has been filed with a prayer to stay the proceedings in S.T. No. 201/13, Case Crime No. 96/2013, under Sections 302, 307, 504, 506 I.P.C., P.S. Jaithra, DistrictEtah pending in the Court of Additional Sessions Judge, Court No. 1 Etah, whereby learned trial Judge has rejected the application for summoning the complainant/ informant (Emergency Pharmacist Medico Legal) S.N. Medical College, Agra along with relevant register.
The main argument of learned Counsel for the applicant is to recall/summon complaint/informant of the case under Section 311 Cr.P.C.
Learned AGA submits that keeping this application here will cause unnecessary delay in disposal of trial before the court below and as only, one witness has been prayed to be recalled, interest of justice would be served, if the impugned order dated 7.3.2019 passed by learned Addl.Sessions Judge, Court No.1, Etah in S.T. No. 201/2013 is set aside.
With the aforesaid direction, impugned order dated 7.3.2019 passed by learned Addl.Sessions Judge Court No.1, Etah in S.T. No. 201/2013 is hereby set aside. This application stands disposed of with the direction to learned Trial Court concerned to summon complainant/informant fixing a date in the third week of April, 2019 and complete his examination/statement, as the case may be, on that date and if for any unavoidable reason, the same could not be completed on that date, on the next date fixed in quick succession.
Needless to say that learned Trial Judge is expected to decide the trial as expeditiously, as possible without granting any unwarranted adjournments to either of the side, unless required for very compelling circumstances, on payment of reasonable costs.
Order Date :- 30.3.2019//Fhd.
Uday Pratap Singh
State Of Up
Umesh Kumar
As recorded by the court registry
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