RAJESH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this application under sec. 482 Cr.P.C., the applicant has invoked the inherent jurisdiction of this Court for quashing the impugned order dtd. 28/10/2021 passed by the learned Additional Sessions Judge, Court No.42, Shahjahanpur in Sessions Trial No.395 of 2014 (State Vs. Rajesh) arising out of Case Crime No.189 of 2014, under Ss. 302,201 IPC, P.S. Katra, District Shahjahanpur.

(2.) The prosecution submitted an application under Sec. 311 Cr.P.C. which has been annexed as Annexure-3 to this application to call the witness, namely, Ratipal with averment that Ratipal had gone to Bareilly Court with his personal assignment where he saw the accused Rajesh @ Rajeshwar at 4 P.M. and further statement was made that deceased Shyam Pal had also gone to District Court Bareily. The statement of Ratipal under Sec. 161 Cr.P.C. was recorded but he was not examined before the court below though he was last witness of the incident.

(3.) The Additional Sessions Judge after hearing both the parties passed the judgement on 28/10/2021 in which it was observed that Ratipal is the material witness to reach out the truth and he should be examined in the interest of justice; thus allowed the application under Sec. 311 Cr.P.C. The accused applicant filed an objection before the court below mentioning that the application under Sec. 311 Cr.P.C. is belated and it is filed only in order to delay the trial.