The applicant sought to quash an order summoning a non-accused person as a witness in a criminal trial. The Court dismissed the application, holding that the trial court has the power to summon any witness at any stage before judgment to ensure a just decision, finding no illegality in the impugned order.
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Neutral Citation No. - 2024:AHC:124545
Court No. - 82
Case :- APPLICATION U/S 482 No. - 22801 of 2024
Applicant :- Furqan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.
The present application u/s 482 Cr.P.C. has been moved with prayer to quash/set aside the order dated 21.03.2024 passed by Additional Chief Judicial Magistrate, Court No.2, Ghaziabad in Case No.7455 of 2021 (State vs. Furqan) under Sections 420, 467, 468, 471 I.P.C., Police Station Vijay Nagar, District Ghaziabad and further prays to stay the proceedings of the aforesaid case.
It is submitted by learned counsel for the applicant that in this case F.I.R. was lodged by the Furqan against one Shailendra by moving an application u/s 156(3) Cr.P.C. on the basis of which F.I.R. was lodged as Crime No.1989/17 u/s 420, 406, 323, 504, 452, 307 I.P.C. against him. After investigation the charge sheet was filed against the informant Furqan itself who is applicant in the present case and the name of Shailendra was exonerated from the charge sheet as an accused. Further submitted that during the course of trial statements of PW-1 Mahesh Chand, PW-2 Poonam & PW-3 Sushil were recorded. Thereafter, an application was moved by the learned prosecutor before the learned court for summoning Shailendra as a witness which was allowed by the learned court vide order dated 21.03.2024 which cannot be said to be lawful since his name was not present in the list of witnesses as prepared by the I.O. after investigation, therefore, request to set aside the order passed by the learned trial court u/s 311 Cr.P.C. dated 21.03.2024.
Learned A.G.A. opposed the prayer as aforesaid and contended that in this case Shailendra was not present at the time of alleged incident to whom the said incident is said to be related as per the version in F.I.R. and he was made accused but during the course of investigation the informant Furqan himself was found to be the
accused that was the reason charge sheet was filed against him. Though the name of Shailendra was not mentioned in the list of witnesses on the charge sheet by the I.O. but Shailendra cannot be said to be stranger to the present case and for just decision of the case, the court has power to summon any witness at any stage before the pronouncement of the judgment. In view of the aforesaid, the learned trial court summoned the withness Shailendra for examination as witness while exercising its power u/s 311 Cr.P.C. in which there appears no any illegality.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., the perusal of record and the order dated 21.03.2024 passed by the learned trial court on an application u/s 311 Cr.P.C., there appears no any illegality in the order so passed but this application being devoid of merit is liable to be dismissed.
Accordingly, the present application u/s 482 Cr.P.C. is, hereby, dismissed.
Order Date :- 2.8.2024 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court erred in summoning Shailendra as a witness under Section 311 Cr.P.C. despite his name not being in the list of witnesses prepared by the IO.
3 provisions across 2 enactments
Furqan
State of U.P.
Another
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
