CHANDRAJIT SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Purushottam Dixit, learned counsel for the applicants, Sri Sushil Kumar Dubey, learned counsel for the opposite party no. 2, Sri Prashant Saxena, learned A.G.A. for the State and perused the record.

(2.) The present 482 Cr.P.C. application has been filed to set-aside the order dtd. 6/5/2023 (State Vs. Chandrajit @ Chahku and others) and all proceedings arising out of Case Crime No. 94 of 1994 u/s 147, 148, 149, 302, 395, 396, 504 I.P.C., Police Station- Basrehar, District- Etawah as a Special Case No. 265 of 2008, pending in the court of learned Special Judge (Dacoity Affected Areas Act)/Additional Sessions Judge, Court No. 5, Etawah and witnesses V.P. Singh (Retired) S.I., R/o Phoolbagh Colony, Police Station- Nauchandi, Shahar and District- Meerut (Investigating Officer), Ghanshyam Ahirwar, Inspector (Investigating Officer C.B.C.I.D.) and Dr. S.K. Agarwal, Medical Officer, Witness (Postmortem), may be recalled for their cross-examination.

(3.) It has been submitted by the learned counsel for the applicant that vide impugned order dtd. 6/5/2023, the trial court rejected the application 354 Ka dtd. 26/4/2023 u/s 311 Cr.P.C. filed by the applicants/accused. The applicants/accused have filed their application u/s 311 Cr.P.C. with the averment that in the beginning, charge was framed against the accused u/s 302 and 395 I.P.C. and prosecution witnesses were examined after framing of the charge in aforesaid Sec. . The second charge was framed on 13/10/2010 u/s 396 I.P.C. After framing of the altered charge u/s 396 I.P.C., on 14/2/2023, P.W.1 Rajesh and P.W.3 Vijay Kumar were cross-examined.