HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29947 of 2015 Applicant :- Sultan Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- S. Lal,Abhilasha Singh,Ashutosh Yadav Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Head Sri Ashutosh Yadav, learned counsel for the applicant and Sri R. K. Maurya, learned AGA appearing for the State and perused the record.
This application has been filed for quashing the impugned order dated 14.08.2015 passed in S.T. No. 149 of 2003 (State Vs. Sultan), arising out of Case Crime No.366 of 1996, under Sections 376 IPC and 3(1)(xii) of SC/ST Act, Police Station Rajapur, District Chitrakoot. He further prayed for quashing the entire proceeding of the aforesaid case.
It is submitted by the learned counsel for the applicant that applicant is facing trial in the present case and after 19 years a forensic report dated 26.11.1995 was taken on record by the trial court and in which some seemen was found, for which the applicant wants to cross-examine the prosecutrix, the opposite party no.2. He further submits that he has moved an application dated 14.08.2015 before the Sessions Judge, Chitrakoot for recalling the P.W.-1 Smt. Dhangi wife of Sri Hareewa Kori for her cross-examination in the light of aforesaid forensic report, but the same was rejected by the Sessions Court vide order dated 14.08.2015. He submits that the reason given by the trial court appears to be not justified and he should be given one opportunity to cross-examin the P.W.-1, in the light of aforesaid forensic report to prove his defence.
Considering the fact and circumstance of the case, I am of the view that, it is desirable that the applicant be given one opportunity to cross-examine to the P.W.-1, the prosecutrix, in the light of aforesaid forensic report. The trial court is directed to allow the applicant to cross-examine Smt. Dhangi wife of Sri Hareewa Kori on the next date fix and no unnecessary adjournment shall be given either of the parties. The impugned order dated 14.08.2015 is hereby set-aside.
With the aforesaid observation the present application is disposed of finally.
Order Date :- 6.10.2015/VKG