RAM KISHOR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been filed with a prayer to pass an order or direction thereby quashing the impugned order dtd. 22/2/2022 S.T. No. 674 of 2001 (State Vs. Pramod Kumar Singh and others) initiated on the basis of case crime No. 64 of 2001 under Ss. 498-A, 304-B I.P.C. and 3/4 of the D.P. Act Police Station- Saraini, District- Raibareli.

(2.) Learned counsel for the applicants submitted that marriage of the sister of the respondent No. 2 namely Smt. Suman Singh was solemnized on 19/4/2000 and due to an accident she was died while cooking on 25/5/2001 and due to which respondent No. 2 has lodged an F.I.R. as case crime No. 64 of 2001 under Ss. 498-A, 304-B and 3/4 of the D.P. Act. Police Station- Saraini, District- Raibareli. After recording the statement of the accused under Sec. 313 Cr.P.C. trial was fixed for defence evidence. During the pendency of this trial an application under 311 Cr.P.C. for summoning and cross examination of P.W.-1 i.e. respondent No. 2 was moved on 7/2/2022. Learned counsel for the applicants submitted that specific question was framed under Sec. 311 Cr.P.C. but the trial court without giving opportunity for re-examination of the P.W.-1 wrongly rejected the application under Sec. 311 Cr.P.C.

(3.) The main contention of the learned counsel for the applicants is that in the interest of justice an application under Sec. 311 should be allowed.