BUDHPAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the applicant and learned AGA for the State.

(2.) This application under Section 482 Code of Criminal Procedure has been filed with a prayer to quash the orders dated 3.12.2010 and 19.1.2011 passed by Special Judge, E.C. Act, Shahjahanpur in ST. No. 89 of 2010 (State v. Budhpal), under Section 302 Indian Penal Code, Police Station Garhiya Rangeen, district Shahjahanpur.

(3.) Learned Counsel submitted that on 3.12.2010, the applicant was not present in Court. An application for exemption was moved on his behalf by his counsel, but his counsel also could not appear in the Court. The trial Court, in the absence of the applicant or his counsel, recorded statement of P.W.1 Nanhi Devi which was illegal. Further the right of cross-examination was also closed without any basis, subsequently when the applicant moved an application for permission to cross-examine of PW1, the said application was rejected. The contention is that in a heinous case under Section 302 Indian Penal Code, the witnesses had to be cross-examined by defence and their right of cross-examination cannot be taken away lightly.