KANCHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition under Section 482, Cr.P.C. to quash the order dated 21-8-1999 passed by IXth Additional Sessions Judge, Kanpur Nagar in S.T. No. 536 of 1993.

(2.) The following facts are admitted. An F.I.R. was lodged nominating the opposite party No. 2,Shail Kumari and certain other persons. The other accused of the case except Shail Kumari, opposite party No. 2 were committed to the Court of Session and therefore, the case was registered as S.T. No. 795 of 1992. The charges were framed in the same. In the meantime Shail Kumari, opposite party No. 2 was also committed to the Court of Session and her sessions trial was registered at S.T. No. 536 of 1993 and it was sent for trial to the same Court where S.T. No. 795 of 1992 was pending. The charge was framed against Shail Kumari, opposite party No. 2 as well and evidence of several witnesses was recorded. Thereafter, an application was moved by Shail Kumari, opposite party No. 2 to recall the witnesses on the ground that no evidence has been recorded in S.T. No. 536 of 1993 and therefore, the witnesses should be recalled for further cross-examination by her. The trial Court considered the question in detail and ordered that both the sessions trials are consolidated and the evidence recorded in one sessions trial shall also be read in another and S.T. No. 795 of 1995 shall be the leading case. He further ordered that all the witnesses be recalled for further cross examination by opposite party No. 2. Aggrieved by that order, the applicant, who is the complainant in the case, preferred the present petition.

(3.) I have heard Sri V.P. Srivastava, learned counsel for the applicant, Sri Kr. R.C. Singh, learned counsel for the opposite party No. 2 and the learned A.G.A.