Ram Sajiwan Vs State of U.P. and Another

Court No. - 74

Case :- APPLICATION U/S 482 No. - 21985 of 2019

Applicant :- Ram Sajiwan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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List revised. None appeared for the opposite party no.2 in the revised call despite service of notice nor any counter affidavit is on record.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed with the prayer to quash the order dated 28.3.2019 passed by Sessions Judge, Basti in Session Trial No.263 of 2014 arising out of case crime no.1342 of 2014 under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali, District Basti whereby the application 202 Kha of the applicant to summon the witness in defence evidence was rejected.

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In this matter, trial is at the stage of defence evidence after recording the statement under section 313 Cr.P.C. Application moved by the applicant to summon the witness Prem Kumar, who was cited in the charge-sheet as prosecution witness, but was not examined by the prosecution as defence witness, was rejected by the trial court.

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Having regard to the facts and circumstances of the case, hearing the parties and going through the entire record, I am of the view that this application is liable to be allowed and the impugned order is liable to be set-aside.

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Accordingly, application is allowed and order dated 28.3.2019 to the extent of rejecting the prayer of the applicant to summon the witness concerned is hereby set-aside. The court concerned is directed to summon the witness Prem Kumar cited in the charge-sheet as prosecution witness if has not already been examined by the prosecution to examine by the applicant as defence witness.

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Order Date :- 9.12.2019 ss

Ram Sajiwan v. State of U.P. and Another

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Ram Sajiwan v. State of U.P. and Another

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