Rajesh Sethi & Another vs The State Of U.P.
2013 Latest Caselaw 1558 ALL

Citation : 2013 Latest Caselaw 1558 ALL
Judgement Date : 1 May, 2013

Allahabad High Court

Rajesh Sethi & Another vs The State Of U.P. on 1 May, 2013

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CRIMINAL REVISION No. - 189 of 2013
 

 
Petitioner :- Rajesh Sethi & Another
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Jai Narayan Singh
 
Respondent Counsel :- Govt. Advocate
 
Hon'ble Ajai Lamba,J.

1. This petition challenges order dated 06.4.2013 vide which an application filed by the accused under Section 311 Cr.P.C. has been dismissed.

2. Learned counsel for the petitioner contends that the petitioner is ready to pay costs. Cross-examination of P.W.7, however, may be allowed in the interest of justice.

3. P.W.7 Sri Krishna Kashyap, resident of Police Station Bedhapur, District Unnao, was examined on 24.8.2012. Examination-in-chief was concluded and opportunity was given to the defence to cross-examine. The defence, however, did not cross-examine the said witness and, therefore, showing indulgence the said witness was again asked to appear on 23.3.2013 to face cross-examination, however, again the counsel for the defence did not cross-examine the said witness, although the court waited till 3.25 P.M.

4. Considering the conduct of the defence, as has been given in the impugned order and which facts are not disputed, no ground for interference is made out. The application filed by the petitioner has been dismissed for legally tenable reasons.

5. This petition is accordingly dismised.

Order Date :- 1.5.2013

A.Nigam