Application under Section 482 CrPC arose from an order closing the opportunity for defence evidence and cross-examination in a trial under Section 364, 302, and SC/ST Act. The High Court dismissed the application as it found no merit.
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Court No. - 70
Case :- APPLICATION U/S 482 No. - 5961 of 2023
Applicant :- Dharmu Alias Dharma Alias Bhrambhjeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sonu Kumar Tiwari,Sandeep Kumar Tiwari
Counsel for Opposite Party :- G.A.,Bipin Kumar
Hon'ble Shekhar Kumar Yadav,J.
By means of this application, applicants have prayed for quashing of the order dated 17.09.2022 passed by Special Judge SC/ST Act Aligarh in Sessions Trial No. 1370 of 2021 (State Vs Dharmu @ Dharma @ Brahmbhjeet), arising out of Case Crime No. 179 of 2021, under Sections 364, 302, 201,504,506 IPC and Section 3(2)5 of SC/ST Act, P.S. Iglas, District Aligarh whereby the court below has closed the opportunity for filing the defence evidence as well as cross examination of P.W.-1, P.W.-2 and P.W.-3.
Record discloses that accused moved an application dated 15.09.2022 for recall of P.W.-1,P.W-2 and P.W-3 for the purpose of cross examination, which has been allowed by the court below vide order dated 15.09.2022 subject to deposit of costs of Rs. 5000/- per accused persons within three days and in case the accused deposits the receipt of costs, thereafter the prosecution witnesses were directed to be summoned and the matter was fixed for 29.09.2022.
On the other-hand, learned A.G.A. submitted submitted that the accused persons were given more than reasonable opportunities to cross-examine the witnesses but they have not complied with the order passed by the court below.
Perused the record. The application has no force and is accordingly dismissed.
Order Date :- 1.5.2023
RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
Dharmu Alias Dharma Alias Bhrambhjeet
State of U.P.
Shekhar Kumar Yadav
Ravindra Kumar Singh
As recorded by the court registry
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