KHALID AHMAD KHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under section 482 Cr. P. C. to quash the order dated 21. 2. 2007 passed by Fast Track Court No. 5, Kanpur Nagar in Sessions Trial no. 177 of 2007, State Vs. Aftab and others ( case crime no. 182/05 of P. S. Bekan Ganj District Kanpur Nagar under section 302 I. P. C.)

(2.) THE facts relevant for disposal of this application are that the aforesaid case is pending in Fast Track Court No. 5, Kanpur Nagar for trial. Statement of P. W. 1 Khalid Ahmad Khan was recorded in the court on 5. 9. 2006 and he was cross examined by the learned counsel for the accused and then he was discharged. Thereafter statements of certain other prosecution witnesses were also recorded. On 21. 2. 2007 O. P. no. 2 Naushad moved an application for recalling P. W. 1 Khalid Ahmad Khan for further cross examination in which he stated that on the date when the statement of Khalid Ahmad Khan was recorded, he was not the counsel for the accused Naushad and some other counsel had cross examined Khalid Ahmad and he has now been engaged by Naushad as his counsel, and after perusal of the statement of Khalid Ahmad Khan he was of the view that it was necessary to put some questions to Khalid Ahmad Khan and so Khalid Ahmad Khan should be recalled for cross examination. It was, therefore, prayed that P. W. 1 Khalid Ahmad khan should be recalled for further cross examination and a date should be fixed for this purpose. This application was allowed by the learned Judge vide his order of the same date,i. e. 21. 2. 07. Aggrieved with that order P. W. 1 Khalid Ahmad Khan has filed this application under section 482 Cr. P. C.

(3.) I have heard learned counsel for the revisionist, as well as the learned counsel for O. P. no. 2 and the learned A. G. A. for the State.