PREMANSHU Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Rajeev Singh, Advocate holding brief of Mr. P.K. Singh, learned counsel for the applicant as well as Mr. Rizwan Ahmad, learned A.G.A. for the State and perused the record.

(2.) The present application has been filed assailing the order dtd. 16/6/2023 vide which the application under Sec. 311 Cr.P.C. as moved by the applicant for examination of P.W.-3 has been rejected.

(3.) Learned counsel for the applicant submits that the impugned order has been passed without application of judicial mind. During examination of P.W.-3 certain relevant questions which were important for proper adjudication of the matter could not be asked by the lawyer of the applicant, therefore, it would have been appropriate for the Court to allow the application permitting examination of P.W.-3. The order impugned has been passed in an illegal and arbitrary manner, therefore, the same may be set-aside.