LAWS(ALL)-2011-3-188

ANWAR ALIAS SHINTU Vs. STATE OF U P

Decided On March 29, 2011
ANWAR @ SHINTU Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THE learned counsel for the applicant is permitted to delete respondent no. 2 from the array of the parties.

(2.) WITH the consent of the learned counsel for the parties, the present petition is being disposed of finally at the stage of admission.

(3.) THE questions to be put to P.W.-1, Smt. Raeesa Khatoon have been referred in the impugned order dated 21.12.2010. THEy seem to be very relevant and have material bearing on the merits of the case, therefore, the rejection of the application on the ground that P.W.-1, Smt. Raeesa Khan had already been cross examined at length without considering as to whether the proposed questions to be put to the witness had been put by the Amicus Curiae or not. A copy of the statement of the aforesaid witness is on record, a perusal whereof reveals that the said witness has not been properly cross examined by the Amicus Curiae. Only few questions having no material bearing, have been put to the witness.