Counsel heard on an unnumbered application u/s 482 Cr.P.C. The applicant challenged the rejection of prayer to cross-examine witnesses PW-6 and PW-8. The court rejected the application, finding no good reason for interference after previous opportunities were declined.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 4182 of 2019
Applicant :- Lal Singh And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants as well as learned A.G.A.
By means of the present application, the applicants are assailing the order dated 06.12.2018 by which the application 30Kha was rejected by learned trial Court in exercise of power under Section 311 Cr.P.C. The prayer sought by the applicant is that an opportunity may be granted to cross-examine PW-6, Dr. Sant Kumar and PW-8, Rajiv.
I have perused the impugned order dated 06.12.2018 and the order has given vivid detail the said opportunity was closed on 23.06.2016 and number of opportunities has already been given to the applicant but he has not availed the opportunity granted earlier by the court. A perusal of the impugned order shows that on the earlier occasion, an opportunity to cross-examine PW-8, Rajiv was already declined by co-ordinate Bench of this Court.
Under the circumstances, I do not find any good reason to interfere in the present case.
Accordingly, the present application under Section 482 Cr.P.C stands rejected.
Order Date :- 15.3.2019 Sumit S
2 issues framed by the court
Whether the applicants are entitled to an opportunity to cross-examine witnesses PW-6 and PW-8 after previous occasions were declined.
Whether there is any good reason to interfere with the trial court's order closing cross-examination.
Lal Singh
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
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