BACHANU YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri S.P. Singh, learned Counsel for the applicants, Shri R.N. Rai, learned counsel appearing for the complainant and learned Additional Government Advocate representing the State.

(2.) THIS application under Section 482 Cr. P.C has been filed against the order dated 9 -9 -2002 passed by the Additional District and Sessions Judge/ Fast Track Court No. 1, Mirzapur in S.T. No. 259 of 1990 whereby the learned Judge has declined to summon the witnesses namely Rajnish Bhushan, P.W. 1, Sabhajeet Singh, P.W. 2 and Sanjay Kumar Singh, P.W. 3 for further cross -examination by the defence and for a direction to the trial Court to summon those witnesses.

(3.) I think the Court below has committed no illegality in rejecting the prayer for recalling the aforementioned witnesses by holding that the application has been made for delaying the proceedings as the matter is of 1985 and sessions trial is pending since 1990. Simply because the trials, being S.T. No. 47 of 1992 in which the applicants and others are complainant and S.T. No. 259 of 1990 in which the applicants are accused, were not pending in the same Court although both had been committed on that date would not in any way deter the applicants from cross -examining the witnesses about some of the materials mentioned in S.T. No. 47 of 1992. Hence only because the cross -case had now reached the same Court could provide no ground to recall the witnesses. It was mentioned in the impugned order that specific questions in respect of the cross -case had been asked from the witnesses at page 7 in the case of Rajnish, P.W. 1, at page 8 in the case of Sabhajeet, P.W. 2 and at page 8 in the case of Sanjay Kumar, P.W. 3.