Chhote Bhaiya @ Maniram v. State of U.P. and Anr.

Court No. - 66

Case :- APPLICATION U/S 482 No. - 829 of 2020

Applicant :- Chhote Bhaiya @ Maniram Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mahendra Kumar Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Rajul Bhargava,J.

Heard learned counsel for the applicant and learned AGA.

The present application u/s 482 Cr.P.C. has been filed for quashing the order dated 27.9.2019 passed by learned Special Judge (SC/ST Act) Kannauj in S.S.T. no. 98 of 2018 (State vs. Chhotey Bhaiya @ Maniram) arising out of Case Crime no. 175 of 2018, u/s 452, 376 IPC and 3(2)5 SC/ST Act by which learned Judge has rejected the application u/s 311 Cr.P.C.

Learned counsel for the applicant submitted that the trial court has illegally rejected the application in recalling PW-2 victim Seema, PW-3 Anita and PW-3 Sunita, who are witnesses of fact. Learned counsel has neither annexed the statements of the witnesses nor has mentioned any dates on which witnesses have been examined.

I have carefully gone through the impugned order of the trial court and also I am of the view that the present application has been moved for ulterior purpose, and even in the application moved for recalling the aforesaid witnesses what questions were left out to be put to the witnesses have not been clearly stated. Section 311 has to be exercised with care and caution in the interest of justice. I do not find any illegality in the impugned order.