KAMLESH Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. Heard Sri Pradeep Chandra, learned Counsel for the applicant and the learned A. G. A.

(2.) THE applicant is an accused in Sessions Trial No. 69 of 2001 pending in the Court of Fast Track-I, Kanpur Nagar. THE argument of the case concluded and the case was reserved for judgment. THEreafter, the prosecution moved an application to call scribe of the F. I. R. under Section 311 Cr. P. C. for evidence. THE said application has been allowed. Aggrieved by it, the present petition has been preferred.

(3.) CONSIDERING the arguments and the law laid by the apex Court in this case I do not find any illegality in the order of the trial Court in summoning the witness under Section 311 Cr. P. C. It cannot be accepted that the prosecution want to fill up the lacuna.