DHARAM PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the revisionist and the learned AGA for the State and perused the impugned order dated 12.08.2009 as well as charge dated 24.04.2001 and 09.07.2009 framed by the learned Additional Sessions Judge in ST No. 563 of 2009.

(2.) The revisionist Dharam Pal Singh has preferred this revision against the order dated 12.08.2009 passed by the Additional Sessions Judge, Fast Track Court No. 2, Shahjahanpur, in ST No. 563 of 2000 whereby the learned Additional Sessions Judge rejected the revisionist's application to recall the prosecution witnesses for further cross examination.

(3.) It appears that on 24.04.2001 charges under sections 376 and 506 IPC and Section 3(1)(12) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, were framed against the revisionist by the then Additional Sessions Judge, Court No.2, Shahjahanpur. On 03.07.2009 the learned Additional Sessions Judge, Fast Track Court No. 2, Shahjahanpur amended the charge framed under section 3(1)12 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and substituted in its place a new charge under section 3(2)5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The revisionist denied the amended charge and claimed to be tried. After framing new charge under section 3(2)5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the revisionist moved an application before the leaned Additional Sessions Judge for summoning the prosecution witnesses for further cross- examination. The learned Additional Sessions Judge rejected the application on the ground that the application was moved for the purpose of causing delay in the disposal of the case,