Remanded

Chandra Dev Yadav and Another v. State of U.P. and Another

Allahabad HC2 Aug 2024A482/23873/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, under Section 482 CrPC, set aside an order rejecting an application to recall a witness for cross-examination. The Court imposed a cost of Rs. 1,000 on the applicants and directed they secure the witness's appearance for cross-examination without further adjournment.

What did the court decide?

Order dated 06.07.2024 set aside on cost of Rs. 1000/-; witness to be called for cross-examination; no further adjournment allowed.

Chandra Dev Yadav and Another vs State of… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:124665

¶2

Court No. - 82

¶3

Case :- APPLICATION U/S 482 No. - 23873 of 2024

¶4

Applicant :- Chandra Dev Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Chandra Sharma,J.

¶6

Heard learned counsel for the applicants and learned A.G.A. for the State-respondents.

¶7

This application under Section 482 Cr. PC. has been filed by the applicant with the prayer to quash the impugned orders dated 02.07.2024 and 06.07.2024 passed by Additional District and Session Judge/F.T.C. Court No.3, Ballia in S.T. No.405 of 2023 (State Versus Chandra Dev Yadav and another) arising out of Case Crime No. 3002A of 2008, under Sections 323, 504, 506, 325 I.P.C., Police Station Rasra, District Ballia, pending in the Court of Additional District and Session Judge/F.T.C. Court No.3, Ballia, whereby the learned Session Judge has closed the crossexamination of PW-3 and against which recall application Paper No. 90Kha filed by applicants also rejected.

¶8

It is submitted by the learned counsel for the applicants that in this case, trial is going on before the Additional District and Session Judge/F.T.C. Court No 3, Ballia in which PW-3 was crossexamined during the course of the trial, but the learned counsel for the applicants could not attend the court for cross-examination of the witness since he was busy in some other court. Due to his absence, opportunity for cross-examination of PW-3 was closed. When he moved an Application No. 90Kha for recall of the witness for cross-examination, said application was also rejected vide order dated 06.07.2024. It is also submitted that applicants do not want to cause delay in trial and never tried to avoid the crossexamination, but on account of aforesaid reason, cross examination of witness could not be done, therefore, request to set aside the order dated 06.07.2024 passed by the learned trial court on Application No. 90Kha and to allow them an opportunity of cross-examination of PW-3.

¶9

Learned A.G.A. opposed the prayer as aforesaid.

¶10

On considering the facts and circumstances of the case, submissions made by the learned counsel for the applicants as well as learned A.G.A, perusal of record, order dated 06.07.2024 and the cause shown by the applicants that his counsel was busy in some other court, cross-examination could not be done, it is appropriate to impose cost on the applicants for recall of the order to cross-examine PW-3.

¶11

Consequently, the order dated 06.07.2024 passed by the learned trial court is hereby set aside on the cost of Rs. 1000/-, which shall be paid before the learned court and then the witness be called. It is also directed that applicants will get the witness crossexamined on the date when he comes before the court. No further adjournment shall be allowed.

¶12

With the above observations, the present application under Section 482 Cr. PC. is disposed of finally.

¶13

Order Date :- 2.8.2024 T.S.

¶14

Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad

Chandra Dev Yadav and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Chandra Dev Yadav and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Digendra Alias Vijendra Alias Dk vs State of U.P. and Another

Rinku and 3 Others vs State of U.P. and Another

Rajat Mishra vs State of U.P. and Another

Mohd. Shahid vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Yashoda Devi and 5 Others vs State of U.P. and Another

Gulab Singh vs State of U.P.