An application under Section 482 Cr.P.C. to quash an order rejecting a Section 311 Cr.P.C. application. The court directed the trial court to grant the applicant a single opportunity to cross-examine three investigating officers before any further orders are passed.
Direction to trial court to grant applicant a single opportunity to cross-examine PW-5, PW-6, and PW-7.
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Neutral Citation No. - 2023:AHC:141430
Court No. - 91
Case :- APPLICATION U/S 482 No. - 23155 of 2023
Applicant :- Renu Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Krishna Pandey,Manish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 19.11.2022 passed by Additional Sessions Judge/F.T.C., Court No.1, Meerut in S.T. No.122 of 2015, arising out of Case Crime No.262 of 2014, under Sections 302 IPC, Police Station Jani, District Meerut and other application under Section 311 Cr.P.C. moved for further cross examination of PW-5 (Har Saran Sharma), the I.O., PW-6 (Bharat Singh Solanki) and PW-7 (Vindhyachal Tiwari).
At the very outset, learned counsel for the applicant submits that PW-5, PW-6 & PW-7 are the Investigating Officers of the case and their cross examination is must for contradiction in the statement made before the Investigating Officer and essential for the just decision of the case. It is further submitted that the application under Section 311 Cr.P.C. has been rejected by the court concerned without assigning any reason and considering the case in proper perspective. Further submission is that an opportunity may be given for cross examination of PW-5, PW-6 & PW-9 under Section 311 Cr.P.C..
On the other hand, learned AGA opposed the prayer.
Considering the facts and circumstances of the case, the trial court is directed to provide an opportunity to the present applicant/his counsel to cross-examine of PW-5 (Har Saran Sharma), the I.O., PW-6 (Bharat Singh Solanki) and PW-7 (Vindhyachal Tiwari) fixing a single date, may be a short date, and if on that date, said prosecution witness could not be examined for any lapse on the part of the present applicant, any appropriate orders may be passed indicating the reason. Since the trial in question is of 2015, therefore, the precaution to that effect, which has been taken by the learned trial court, is appreciated, but in the light of such precaution, a single opportunity to cross-examine PW-5 (Har Saran Sharma), the I.O., PW-6 (Bharat Singh Solanki) and PW-7 (Vindhyachal Tiwari) may not be denied.
With the aforesaid observations, the application stands disposed off .
Order Date :- 13.7.2023 Sanjeet
Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to cross-examine three investigating officers who did not testify at trial.
Whether the rejection of the Section 311 Cr.P.C. application without assigning reasons was sustainable.
3 provisions across 2 enactments
Renu
State of U.P.
Gajendra Kumar
Sanjeet Kumar Yadav
As recorded by the court registry
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