MANOJ Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482, Cr. P. C. to quash the order dated 4. 2. 08 passed by the Additional Sessions Judge Court No. 1, Bulandshahr in Sessions Trial No. 736 of 2006, State v. Manoj and others.

(2.) I have heard learned Counsel for the applicant as well as the learned A. G. A. for the State at the admission stage. Since the point involved in the presentcase under Section 482, Cr. pp. is legal one, I amdeciding iton merits at the stage of admission as agreed by the parties. No notice is being sent to the complainant opposite party No. 2 as it is a State case under Section 302 34, l. P. C. and the State is properly represented through learned A. G. A. and it is not necessary to hear the complainant on that legal point.

(3.) THE learned Counsel,for the accused applicant submits that he wants to' cross examine two personsonly. One who has brought the Ballistic Expert's Report for filing it in the Court as his allegation is that it had not come from the' proper custody, and the other P. W. 3 Dr. Daware on this Ballistic Expert's Report only. I am of the view that he should be given an opportunity to cross examine the. aforesald two witnesses on the Ballistic Expert's Report only.