NANHE Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, Sri Pankaj Kumar Tripathi, learned A.G.A for the State and perused the record.

(2.) This application under Sec. 482 Cr.P.C has been instituted by the applicants for quashing the order dtd. 17/10/2022 passed by Special Judge (E.C. Act) / Additional Sessions Judge, Court No. 4, Moradabad passed in Special Sessions Trial No. 336 of 2018 - State Vs. Nanhe and Anr., arising out of Case Crime No. 48 of 2018, under Ss. 364, 302, 201 I.P.C, Police Station Katghar, District Moradabad, whereby the applications filed under Sec. 311 Cr.P.C. of the applicants/accused have been rejected.

(3.) In brief, the facts of the case are that after submission of the charge-sheet in the aforesaid crime number, the trial is going on. On 18/8/2022 and 15/9/2022 examination-on-chief of P.W 6 and P.W 7 had been recorded. On 18/8/2022 when the applicants' counsel was out of station, an adjournment application was moved and on 15/9/2022, the applicants' counsel was busy in another Court, the opportunity of cross- examination from the witnesses had been closed and when the application under Sec. 311 Cr.P.C was moved by the applicants on 17/10/2022, it was rejected same day by the impugned order stating therein that examination-in-chief of Neutral Citation No. - 2023:AHC:78657 P.W. 6 had been recorded on 18/8/2022 and allowing the adjournment application on 22/8/2022 had been fixed for cross-examination. On 22/8/2022 P.W 6 was present since morning, but none appeared to cross-examine him hence at 3:20 cross examination had been closed.