Ranjeet vs State Of U.P.
2012 Latest Caselaw 1962 ALL

Citation : 2012 Latest Caselaw 1962 ALL
Judgement Date : 21 May, 2012

Allahabad High Court

Ranjeet vs State Of U.P. on 21 May, 2012

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 547 of 2001
 

 
Petitioner :- Ranjeet
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- S.K.Tewari
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard Sri S.K. Tripathi, learned counsel for the revisionist and learned A.G.A. for the State of U.P.

This revision has been filed against the judgement and order dated 14.9.2001 passed by learned II-Addl. Civil Judge (Jr.Div.), Raebareli in criminal case No. 362 of 2001 whereby the application under section 311 Cr.P.C. has been allowed.

From the perusal of the record it appears that in the present case due to non appearance of the witnesses the trial court proceeded further. The statement of the accused person under section 313 CR.P.C. was recorded. The matter was fixed for defence. In the mean time the application was moved to summon the witnesses, the same has been allowed by the learned Magistrate concerned on 14.9.2001. The record shows that the procedure to secure the attendance of the witnesses was not properly adopted by the trial court. Without adopting the procedure to secure the attendance of the witnesses the trial court closed the evidence of the witnesses and recorded the statement under section 313 Cr.P.C. and the matter was fixed for defence. In the meantime an application from the side of the prosecution has been moved, the summon the witnesses in exercise of powers conferred under section 311 Cr.P.C. the same has been allowed on 14.9.2001. Though the order dated 14.9.2001 is not well reasoned order, but to meet the ends of the justice the summoning of the witnesses would not be illegal. Therefore, the prayer for quashing the impugned order dated 14.9.2001 is hereby refused.

However, considering the old pendency of the case, it is directed that the proceedings of the above mentioned case shall be expedited if possible within six months from today. In case the witnesses are not turning up, it shall be open to the trial court to proceed further in accordance with law.

The interim order dated 20.12.2001 is hereby vacated.

Accordingly this revision is disposed of.

Order Date :- 21.5.2012

RPD