Chhotu @ Deepak and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Rajeev Singh, J.) - Application U/S 482 No. 9209 of 2024, decided 6.11.2024. Quashing application against order dated 09.09.2024 of Special Judge, P.O.C.S.O. Act, Court No.2, Lucknow in S.T. No. 719 of 2020 allowing recall of victim witness (P.W.-2) under Section 311 Cr.P.C. with cost of Rs. 30,000/-. Cross-examination closed on 15.07.2024 due to illness of defence counsel; adjournment slip rejected; recall application moved same day, posted to 30.07.2024, allowed 09.09.2024. Cost held exorbitant as there was no fault of the accused; reduced to Rs. 3,000/- (Three Thousand only); order modified; application disposed of. Keywords: Section 311 Cr.P.C., recall of witness, cost reduction, exorbitant cost, counsel's illness, POCSO trial, Lucknow.
What did the court decide?
Cost imposed by the trial court reduced from Rs. 30,000/- to Rs. 3,000/- (Three Thousand only); order dated 09.09.2024 modified to that extent; application disposed of.