UMAR DARAZ Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482 Cr. P. C. for quashing the order dated 21-4-2005 passed by the Addl. Sessions Judge Court No. 8, Saharanpur in S. T. No. 90/2005, State v. Umar Daraz and Ors.

(2.) THE facts relevant for disposal of this application are that the aforesaid Sessions Trial is pending for hearing in the Court of Addl. Sessions Judge, Court No. 8, Saharanpur. Since Noman Khan the injured witness in the above case was ill and he was admitted in the hospital, an application was moved from the side of the prosecution for recording his statement on commission. This application was allowed by the learned Addl. Sessions Judge vide order dated 21-4-2005. Aggrieved with that order this application under Section 482 Cr. P. C. has been filed. THE further proceedings of the case against the applicant only were stayed by Hon'ble K. N. Sinha, J vide order dated 14-7-2005. However, it appears from perusal of the counter-affidavit that the statement of witness Noman Khan was partly recorded on Commission on 21-4-2005 by the C. J. M. , Gautam Budha Nagar to whom the Commission was issued, and he was partly cross-examined by the learned Counsel for the accused, but the statement of the witness could not be concluded on that date and another date was fixed for remaining cross-examination of the witness. However, before the remaining cross-examination could take place, the proceedings of the case were stayed by this Court vide order dated 14- 7-2005.