Criminal Appeal against rejection of Section 311 Cr.P.C. applications to recall prosecution witnesses. Court observed the trial was concluding and appeal dismissed for lack of merit.
Application to recall witnesses under Section 311 Cr.P.C. rejected; appeal dismissed.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 3657 of 2019
Appellant :- Prabhashankar Dwivedi And 3 Ors. Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Ashutosh Srivastava,Maneesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellants and the learned A.G.A.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed to set aside the judgment and order dated 08.04.2019 passed by learned Additional Sessions Judge, Room No.15, Allahabad in Sessions Trial No.430/13, State Vs. Prabhashankar Dwivedi and others, under Sections 387, 420, 504, 506, 120-B I.P.C. and 3(1)(10) SC/ST Act, arising out of Complaint Case No.3213/2017, P.S. Mau Aima, District Allahabad, whereby the applications of the appellants under Section 311 of Criminal Procedure Code were rejected the learned lower court.
Learned counsel for the appellants contended that no offence is made out against the appellants and they have been falsely implicated in the present case. He further submitted that applications, 81-Kha and 82-Kha under Section 311 Cr.P.C. were moved before the learned trial court with the prayer that PW-3, Awadhesh Narain Shukla and PW-1, Satyenbdra Kumar be recalled which were wrongly rejected by the learned trial court.
Learned A.G.A. has opposed the appeal by submitted that the impugned order has been passed by the learned lower court is perfectly valid.
After considering the rival submissions and perusal of the paper book it is apparent that while disposing of the applications learned lower court has observed that the entire proceedings of the trial case are about to come to an end and the statement of the accused under Section 313 Cr.P.C. have been recorded and the defence side have already led four witnesses in their defence. It has been further observed that the defence side is trying to delay the trial by giving the application one by one with the intention to delay the trial.
The Court found that there is no illegality or infirmity in the order passed by the learned lower court.
The appeal lacks merit and is accordingly, dismissed.
Order Date :- 24.5.2019 R./
2 issues framed by the court
Whether the rejection of the appellants Section 311 Cr.P.C. applications despite pending defence evidence was illegal or arbitrary.
Whether the lower court correctly dismissed the applications on grounds of delaying tactics and impending conclusion of trial.
2 provisions across 2 enactments
Prabhashankar Dwivedi
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
