Shakil vs State Of U.P. And Anr.
2015 Latest Caselaw 2977 ALL

Citation : 2015 Latest Caselaw 2977 ALL
Judgement Date : 7 October, 2015

Allahabad High Court

Shakil vs State Of U.P. And Anr. on 7 October, 2015

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 30047 of 2015
 
Applicant :- Shakil
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Satya Prakash Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Head Sri Satya Prakash Singh, learned counsel for the applicant and Sri Vikash Rana, learned AGA appearing for the State and perused the record.

This application has been filed for quashing the order dated 26.08.2015 passed by the Additional Sessions Judge, Court No.8, Azamgarh, in Sessions Trial No. 463 of 2013(State Vs. Shakil and others), under Sections 363, 366, 376(2)(G), 392, 411 IPC and 4/3 of the Protection of Children from Sexual Offfences Act, Police Station Phoolpur, District Azamgarh. He further prayed for direction to the court below to recall the witnesses namely Dimpal and Pradeep Maurya, and also for stay the further proceeding of the aforesaid case.

It has been argued by the learned counsel for the applicant that the cross-examination of P.W. 2 and 3 are being closed, without affording any opportunity to the applicant to cross-examine from them, though the examination-in-chief of the said prosecution witnesses have been recorded on the same day. He submitted that one opportunity may be given to him for cross-examination to P.W.-2 and 3, and he is ready to deposited the costs for recalling the said two witnesses.

Considering the fact and circumstances of the case, I am of the view that as the applicant has not been afforded any opportunity to cross-examine the P.W.-2 and 3, the court below is directed to permit the applicant to cross-examine the applicant to the P.W.-2 and 3, positively on the next date fix, subject to depositing an amount of Rs.20,000/- by the applicant before the court below, which shall be paid to the P.W.-2 and 3 in equal proportionate.

With the aforesaid observation, the present applicant is disposed of finally.

Order Date :- 7.10.2015/VKG