In a revision against an order rejecting a Section 311 Cr.P.C. application for cross-examination, the Court allowed recall of witnesses if the revisionist deposits expenses, disposing of the matter under specific conditions.
Application under Section 311 Cr.P.C. allowed subject to deposit of Rs. 14,000/- expenses within 30 days.
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Neutral Citation No. - 2023:AHC:233904
Court No. - 82
Case :- CRIMINAL REVISION No. - 4745 of 2023
Revisionist :- Naresh Opposite Party :- State of U.P. Counsel for Revisionist :- Rama Shanker Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
Rejoinder affidavit filed on behalf of the revisionist is taken on record.
This criminal revision has been filed against order dated 23.08.2023 passed by Special Judge (Gangster Act)/Additional Sessions Judge, Court No.5, District Shahjahanpur in Special Case No.855 of 2012 (State v. Naresh) arising out of Case No.126 of 2002, under Sections 2/3 U.P. Gangster and Anti-social Activities (Prevention) Act, 1986, Police Station Ram Chandra Mission, District Shahjahanpur by which application under Section 311 Cr.P.C. has been rejected on the ground that opportunity of cross examination is over.
Learned A.G.A. has opposed the aforesaid revision and submitted that there is already delay of about 16 years and the trial is pending for arguments before the court below.
However, learned counsel for revisionist states that an opportunity may be given before the final decision in the trial court for the just decision of the case.
Considering the facts and circumstances, the revisionist shall
deposit the necessary expenses of Rs.14,000/- for the recall of the witnesses (PW-1 and PW-4) for their cross examination. In case the necessary expenses are borne by the revisionist, an opportunity of Recall under Section 311 Cr.P.C. shall be given to the revisionist within a period of 30 days from the date of order in the interest of justice.
With the aforesaid condition, the revision is disposed of .
Order Date :- 11.12.2023 A.N. Mishra
Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether an opportunity for cross-examination under Section 311 Cr.P.C. should be granted despite a delay of 16 years.
Whether the revisionist must deposit expenses for witness recall to obtain such an opportunity.
2 provisions across 2 enactments
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
