SALLAHUDDIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Salil Kumar Srivastava, learned counsel for the applicant, Sri Shiv Nath Tilhari, learned A.G.A. for the State and perused the entire record.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed by the applicant for quashing the order dtd. 14/3/2023 passed by the learned Special Judge (NIA/ ATS)/ Additional Sessions Judge-V, Lucknow in S.T. No.13751 of 2021 titled as State vs. Salahuddin and others arising out of Case Crime No.09 of 2021, under Ss. 417, 120-B, 153-A, 153-B, 295-A, 298, 121-A, 123 I.P.C. and Ss. 3/5/8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station ATS, Gomti Nagar, pending in the court of learned Special Judge (ATS/ NIA Court)/ Additional Sessions Judge-V, Lucknow.

(3.) The brief facts giving rise to the instant application under Sec. 482 Cr.P.C. also is that the present applicant is standing trial for the offences under Ss. 417, 120-B, 153-A, 153-B, 295-A, 298, 121-A, 123 I.P.C. and Ss. 3/5/8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, which emanated from Case Crime No.09 of 2021. Vinod Kumar has been examined as prosecution witness-1 in the learned trial court. The learned trial court has passed the impugned order dtd. 14/3/2023 stating therein that examination-in-chief of P.W.-1, Vinod Kumar has been done and his cross-examination is yet to be completed. Due to his absence on 14/3/2023, the cross-examination of P.W.-1, Vinod Kumar was deferred. The learned trial court also observed in the impugned order dtd. 14/3/2023 that as there is a direction of this Court to get the trial expedited, therefore, the learned trial court directed that the examination in chief of all the prosecution witness would be recorded first. Admittedly, there are 73 witnesses listed in the charge sheet. Their cross-examination will stand deferred and once the examination-in-chief of all the prosecution witnesses has been done, they would be summoned for their cross- examination.