ANAND PRAKASH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973 (Hereinafter in short referred as 'Cr.P.C.'), has been filed by Anand Prakash Singh, applicant, with a prayer for setting aside impugned, dated 15.2.2019, passed by the Additional Chief Judicial Magistrate, Court no.7, Varanasi, in Case No.1571 of 2013, State v. Anand Prakash Singh, of Police Station-Adampura, District Varanasi, pending in the court of Additional Chief Judicial Magistrate, court no.7, Varanasi, whereby, Application, filed under Section 311 of Cr.P.C., by the applicant, with a prayer for re-examining PW-1, has been rejected.

(2.) Learned counsel for applicant argued that an application, under Section 311 of Cr.P.C., was moved before the Trial court, with a prayer for giving an opportunity to learned counsel for defence for questioning PW-1 over photographs, which could not be filed on record by the erstwhile counsel, under his wrong advise, and after engagement of present counsel, it was thought that above witness be cross-examined over those photographs. Witness, Varsha Singh, is there in those photographs and this Application was rejected by Trial court, which was an abuse of process of law. Hence, this Application, with above prayer, invoking inherent jurisdiction of this Court, under Section 482 of Cr.P.C.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.