SUNIL KUMAR KESARWANI Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482, Cr. PC. for quashing the order of the learned Addl. Sessions Judge/ftc Court No, 26, Allahabad dated 6. 11. 07 passed in ST. No. 2 of 2006, State v. Sunil Kumar Kesharwani.

(2.) THE facts relevant for disposal of this application are that the aforesaid Sessions Trial under Section 18/20 N. D. P. S. Act is pending against the applicant and the aforesaid case was listed evidence on 5. 10. 07. On that date two prosecu tion witnesses named Surendra Nath Dubey and Amrit Lal Pandey were present in the Court. THEir examination-in-chief was recorded in the Court but since the (earned Counsel for the accused applicant did not appear for their cross-examina tion, the opportunity of cross- examination was closed and the witnesses were discharged. THEreafter the applicant moved an application on 12. 10. 07 for recall ing the above witnesses alleging that on 5. 10. 07 his Counsel was busy in the Court of C. J. M. in connection with another case and so he could not get time to cross-examine the aforesaid witnesses and his application was allowed by the trial Court wcte order dated 12. 10. 07 with this provision that the applicant should deposit Rs. 2, 500/- as fine. THE applicant moved an application for recalling that order regarding deposit of fine. That application was rejected by the trial Court vide order dated 6. 11. 2007 and therefore the applicant has filed this application under Section 482, Cr. P. C.

(3.) UNDER these circumstances, I am of the view that the order passed by the trial Court for imposition of fine of Rs. 2, 500/- is not justified and it should be set aside. However, the applicant must bear the travelling expenses of P. Ws. 1 and 2 for coming to the Court from the places where they are at present residing and for going back to their places of residence as well as for their diet money for appear ing in the Court.