MAHAVEER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Kamal Krishna, learned counsel for the applicants and learned A.G.A. for the State of U.P.

(2.) THIS application has been filed by the applicants Mahaveer and Ram Naresh with a prayer to quash the order dated 26.2.2009 passed by learned Additional Sessions Judge/FTC -4, Jaunpur in S.T. No. 49 of 2005 whereby the learned Trial Court has closed the statement of PW 9 by directing that his examination -in -chief shall not been read against those accused persons who have not cross -examined him.

(3.) BEING aggrieved from the order dated 26.2.2009, the applicants have filed the present application with a prayer to quash the order dated 26.2.2009 and the opportunity of cross -examining to PW 9 may be afforded to the applicants. It is contended by the learned counsel for the applicants that in the present case, the examination -in -chief of the PW 9 has been recorded, he has been cross -examined also by co -accused persons but he has not been cross -examined by the applicants. For cross -examining the PW 9, the application was moved by the applicants, same was allowed by the trial Court at the cost of Rs. 1000/ -, the amount of the cost has been deposited by the applicants, thereafter on a flimsy ground the evidence of the PW 9 has been closed and the applicants have been denied not to cross -examine PW 9 only on the ground that PW 9 has been retired from service and he has gone somewhere else, in case the PW 9 is not cross -examined by the applicants, they shall suffer irreparable loss and the evidence of the PW 9 has been illegally closed by the trial Court.