MANISH Vs. STATE OF U.P..

JUDGEMENT

(1.) Heard Sri Sanjay Mishra, learned counsel for the applicant and Ms. Sushma Soni, learned Additional Government Advocate appearing for the State-respondents.

(2.) The present application under section 482 Cr.P.C. has been filed seeking to quash the order dated 21.09.2021 passed by the Additional Sessions Judge/FTC Court No.2, Mainpuri in S.T. No. 393 of 2013 (State vs. Manish and another) arising out of Case Crime No. 407 of 2012, under Ss. 452, 302, 364, 201, 34 IPC, P.S. Karhal, District Mainpuri, whereby the application under Sec. 311 Cr.P.C. moved by the applicant has been rejected.

(3.) While considering the application filed by the accused-applicant under Sec. 311 Cr.P.C. the learned trial court has taken notice of the fact that the case was at the stage of final arguments and the witness (PW-1) who was sought to be summoned in terms of the said application had already appeared and had been cross-examined at length by the counsel of the accused-applicant. The trial court on the basis of the aforestated facts has taken a view that in case the accused-applicant wished to impeach the testimony of the PW-1 it would be open for him to do so during the course of final arguments and the application under Sec. 311 Cr.P.C. at this advanced stage of proceedings was only with a view to cause delay in disposal of the case. The application under section 311 Cr.P.C. seeking recall of the witness was accordingly rejected.