Application under Section 482 Cr.P.C. challenging rejection of Section 311 Cr.P.C. request to recall witness for cross-examination after three years was dismissed relying on Umar Mohammad guidelines regarding delay and lack of merit.
The application seeking to quash the impugned order and direct pre-summoning of PW-1 Kripal Singh was dismissed.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 6325 of 2018
Applicant :- Jai Karan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohd. Iqbal Farooqui,Sharad Malviya
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of the present application, the applicant is assailing the validity and veracity of the order dated 13.12.2017 by which his application under Section 311 Cr.P.C. was rejected.
The prayer sought by means of present 482 Cr.P.C. application is to direct the trial court to re-summon the PW-1, Kripal Singh for his cross-examination by the defence after quashing the impugned order dated 13.12.2017.
I have gone through the order impugned in which it has been specifically mentioned that after three years, an application under Section 311 Cr.P.C. has been moved to recall PW-1, Kripal Singh for his cross-examination. The prayer sought after three years was strongly deprecated by Hon'ble the Apex Court in its various judgments.
Learned A.G.A. has opposed the prayer and has relied upon the paragraph no.38 of the judgment of Hon'ble the Apex Court in the case of Umar Mohammad & Ors vs State Of Rajasthan(2007) 14 SCC 711 .
Keeping in view the guidelines mentioned in Umar Mohammad(supra), the present application is devoid of merit and is, accordingly, dismissed.
Order Date :- 27.2.2019 Sumit S
1 issue framed by the court
Whether a Section 311 Cr.P.C. application for recall of witness for cross-examination filed after three years is maintainable.
Colour shows how this judgement treated each authority
Umar Mohammad & Ors vs State Of RajasthanRelied on¶10
(2007) 14 SCC 711 · Who else cites this
2 provisions across 1 enactments
Jai Karan
State Of U.P.
Rahul Chaturvedi
Sumit S
As recorded by the court registry
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