Vinod Kumar vs State Of U.P. And Another
2016 Latest Caselaw 6776 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 33313 of 2016
 

 
Applicant :- Vinod Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Prem Chandra
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Yashwant Varma, J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire records.

The challenge in the present 482 application is to the impugned order dated 26th July, 2016 in terms of which an application under Section 311 Cr.P.C for recall of P.W. 1 has come to be rejected. The court while refusing the said application has taken into consideration the statement of the applicant and other witnesses made in respect of the incident in question and has found no sufficient ground to recall P.W 1. It has duly noted the fact that the information given by the applicant to the police clearly mentioned the names of the four accused. It further notes that questions in respect of the information given had been duly put to PW-1. In light of the above, it has found no ground to recall PW - 1.

Thus the view taken by the court below does not warrant interference by this Court. Accordingly, the application is rejected.

Order Date :- 03.11.2016

Vinod.