LAWS(ALL)-2021-1-119

RAJA YADAV Vs. STATE OF U. P.

Decided On January 11, 2021
Raja Yadav Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Gyanendra Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.

(2.) This Revision has been filed by Revisionist with a prayer to set-aside the impugned order dated 9.10.2010 passed by Ld. Ist Additional Session Judge, Banda in S.T. No. 87-88 of 2016 (State Vs. Bajranga @ Ram Milan and others) arising out of Case Crime No. 28 of 2016 under Sections 302, 201/34 of I.P.C. and Section 3/25 of Arms Act, P.S. Kalinjar, District Banda by which the learned Judge illegally allowed the application dated 29.09.2020 moved by State under Section 311 of Cr.P.C. for recalling the witnesses i.e. S.I. Anup Kumar Pandey and S.I. Gulab Chandra Sonkar.

(3.) It is argued by learned counsel for the revisionist mainly that the application which has been moved by A.D.G.C. for permission to be granted for adducing the evidence of S.I., Anoop Kumar Pandey and S.I. Gulab Chandra Sonkar by summoning them for the purposes of proving Panchayat Nama and prosecution sanction under Section 3/25 of Arms Act as well as for getting the G.D. proved which has been allowed by the court below by the impugned order suffers from infirmity because of delay by which the said application has been moved. No other objections has been raised by the counsel.