MUSTAFA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Ramesh Kumar Singh, Advocate holding brief of Sri Anil Kumar, learned counsel for opposite party No. 2.

(2.) The present 482 Cr.P.C. application has been filed to quash the order dtd. 15/5/2023 passed by Special Judge (POCSO Act)/Additional Session Judge, Mirzapur in S.T. No. 18 of 2014 (State Vs. Mustafa), arising out of Case Crime No. 581 of 2013, under Ss. - 294, 323, 504, 506 I.P.C., Police Station- Kotwali Dehat, District- Mirzapur.

(3.) Learned counsel for the applicant submitted that during the course of trial, it was found that certain questions are necessary to be asked from P.W.- 8(Dr. Afzal Ahmad), therefore, applicant has moved application under Sec. 311 Cr.P.C to summon P.W.-8(Dr. Afzal Ahmad). It is next submitted that the questions proposed to be asked are very relevant for fair trial and justice to accused. He next submitted that the Apex Court in the matter of P. Sanjeeva Rao vs. The State of A.P.; Criminal Appeal Nos. 874-875 of 2012 (arising out of S.L.P. (Crl.) Nos. 4286-87 of 2011) has taken view that in all eventuality, even at the cost of delay of proceedings, application under sec. 311 Cr.P.C. has to be allowed to impart complete justice. The trial court, without appreciating the facts as well as considering the law laid down by the Apex Court, has rejected the application under Sec. 311 Cr.P.C. vide order dtd. 15/5/2023, which is bad and liable to be set aside.