VINOD Vs. STATE OF U P AND ANR

JUDGEMENT

(1.) Heard Sri Rajendra Kumar Pandey, learned counsel for the applicant and Sri Ashutosh Kumar Sand, learned Additional Government Advocate Ist assisted by Ms. Manju Thakur, A.G.A. Ist for the State.

(2.) This application under Section 482 Cr.P.C. has been filed by the applicant to quash the order dated 9.06.2017 passed by Additional Sessions Judge, Court No.11, Ghaziabad in Sessions Trial No. 167 of 2014 (State Vs. Vinod), under Section 304 I.P.C., Police Station- Indirapuram, District- Ghaziabad, whereby application dated 2.05.2017 (24-[1]), under Section 311 Cr.P.C. of the applicant to recall P.W.-1, Chandan Paswan has been rejected by the trial Court.

(3.) The brief facts of the case are that on 26.03.2013 First Information Report was lodged by opposite party No.2 against the applicant and two other co-accused under Section 304 I.P.C. The Investigating Officer after investigation has submitted chargesheet dated 25.05.2013 against the applicant under Section 304 I.P.C., on which applicant is facing Sessions Trial No. 167 of 2014 (State Vs. Vinod), under Section 304 I.P.C. before the Additional Sessions Judge, Court No.11, Ghaziabad. In the trial statement of P.W.-1, Chandan Paswan was recorded on 3.02.2016 and lengthy cross-examination was done on behalf of accused applicant. On 2.05.2017 applicant has moved an application under Section 311 Cr.P.C. before the trial Court with a prayer to recall the P.W.-1, Chandan Paswan for putting relevant questions to him. The said application dated 2.05.2017 of the applicant has been rejected by the order dated 9.06.2017, which is under challenge before this Court.