OM PRAKASH UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri G. S. Chaturvedi, learned senior advocate assisted by Sri Shishir Tandon, learned counsel for the applicant, learned A.G.A. for the State of U. P. and Sri A. K. Sharma, learned counsel for O. P. No. 2.

(2.) THIS application has been filed with a prayer to quash the order dated 25.8.2008, passed by learned C.J.M., Basti in Case No. 1754 of 2000 whereby the applications filed by the applicants with a prayer that the P.W. Sub-Inspector, Mr. Upendra Nath Rai may be directed to give reply in respect of the supplementary parcha No. 12 dated 20.11.1998 after perusing the original case diary in cross-examination and the applicant may be directed to give a proper reply after perusing the case diary to a question relating to the endorsement made by the Investigating Officer in supplementary parcha No. 11 where it has been mentioned that there was no sufficient evidence against the applicants, therefore, the charge-sheet No. 43A of 1996 may be quashed have been rejected by learned C.J.M., Basti and date for recording the statement of the accused under Section 313, Cr. P.C. has been filed and order dated 25.8.2008, passed by learned C.J.M., Basti in Criminal Case No. 1754 of 2000 whereby the application for summoning the Investigating Officer Prabhakar Mishra as a witness has been rejected.

(3.) IT is further contended that in the present case such type of applications was given prior to moving the applications which have been decided by the impugned orders but the same was rejected and the revisional court has also upheld the order of rejection on such application. IT is further contended that the evidence of witness Upendra Nath Rai was closed and there was no need to summon the witness Upendra Nath Rai for further cross-examination. From the side of the accused persons one another application was also moved to summon the other Investigating Officers Baij Nath Rai and Jiledar Giri, the same was rightly rejected by the trial court. In the present case on behalf of applicant Rajesh Kumar Tiwari and Girish Verma the Criminal Misc. Application No. 8148 of 2003 was moved before this Court the same was disposed of by another Bench of this Court on 4.3.2004. The order dated 4.3.2004 was challenged by applicants Rajesh Kumar Tiwari, Girish Verma and S. P. Bakshi before the Supreme Court of India by way of filing petition of Special Leave to Appeal (Criminal) No. 2640 of 2004 with Criminal Misc. Petition No. 6196 of 2004, the same was dismissed on 15.4.2005. There is no illegality in the impugned order dated 19.8.2008 and 25.8.2008. The present petition has been filed for the purpose of delaying the proceedings of the trial. IT is devoid of merits, the same may be dismissed.