R.P.MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) These two applications under Section 482 Cr.P.C. invoke the extraordinary jurisdiction of the High Court for quashing of the impugned order dated 11th December, 2013 passed by the Special Judge, C.B.I., Court No. 1, Ghaziabad in Special Case No. 49 of 2011 on various grounds, in particular, questioning the authority of the Court below to prohibit the counsel for the applicant-accused from confronting the prosecution witnesses during cross-examination with statements previously recorded by the C.B.I. and the Local Police.

(2.) He submits that it amounts to abandoning a legal requirement by the Court for no plausible and sustainable reason. It is not only a denial of the rights of the accused-applicant, but also brings about an abrupt end to a legal process that is wanted by law to be continued, so as to uncover correct facts and bring the trial to a rational conclusion. The impugned order in his submission sweeps off a vital link of the trial required to be religiously observed under the statute by the Court.

(3.) Sri Mishra and Sri Abhishek Kumar have relied on 13 judgments through a compilation handed down to the Court that are as follows to substantiate their submissions: