OMKAR AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. for the State-respondent.

(2.) The present 482 Cr.P.C. petition has been filed for quashing the proceedings of Sessions Trial No.125 of 2009, under Sections 147, 148, 149, 302, 307 IPC, pending before the Special Judge (Essential Commodities Act/Additional Sessions Judge, Mathura and also for quashing of the order dated 23.5.2011 whereby the application of the complainant for recalling the statement of PW.1 and PW.2. has been allowed.

(3.) It is contended by the learned counsel for the applicants that the order impugned has been passed without considering the facts and evidence on record therefore, the same cannot be sustained in law. It is further contended that the statements of PW.1 and PW.2 has already been recorded and cross examination was also conducted and evidence stood closed and, therefore, allowing the application of the complainant and passing the order impugned cannot be sustained in law.