MANSUR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. This application has been filed under Section 482 Cr. P. C. to quash the amended charge dated 4-1-1994, order dated 21-4-2003, 14-12-2005 and the entire proceedings in Sessions Trial No. 195 of 1991 State v. Mansur Ahmad and Ors. , under Sections 302, 307, 34 IPC, P. S. Dhumanganj, District Allahabad, pending in the Court of Addl. Sessions Judge, Room No. 2 Allahabad.

(2.) HEARD Sri L. K. Pandey, learned Counsel for the applicants, learned A. G. A. and perused the record.

(3.) ON 16-11-2005, accused moved an application for rejection of the application filed by the learned State Counsel as the prosecution evidence had been closed and the order was final and the witnesses could not be recalled under Section 311 Cr. P. C. as this provision could not be used to fill the lacuna of the prosecution. ON 21-11-2005, P. W. 2 Puddan was present in the Court and application was filed by the learned State Counsel for permitting his further cross-examination. Time was taken by the accused for filing objection. Learned Trial Court by impugned order dated 14-12-2005 allowed the application filed by the State Counsel on the ground that after the framing of the additional charge, Court was required to give opportunity for further cross- examination to the witnesses. It was directed that in compliance of the order dated 21-4-2003, it was necessary that the witnesses be further cross- examined. Accused wanted time to file a petition against this order in the High Court and the learned Trial Court passed a separate order the same day that since defence Counsel was showing his inability to cross-examine P. W.-2 and the case is very old i. e. of the year 1991, therefore, he closed the opportunity of the defence for further cross-examination of Puddan P. W. 2. Feeling aggrieved this application has been filed.