SAROJ YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed by applicant Smt. Saroj Yadav against State of U.P. and five others with a prayer for quashing the order dated 2.4.2019 passed by the Additional Sessions Judge, Court No. 9, Firozabad, in S.T. No. 19 of 2016, State of U.P. Vs. Deepu and others, arising out of Case Crime No. 605 of 2013, u/s 364, 307, 147 I.P.C., P.S. Shikohabad, District Firozabad, over an application moved by the applicant under section 311 Cr.P.C., which was rejected, with a further request to direct the trial court to summon the prosecution witnesses PW1, PW2 and PW3 by way of allowing applicant's application dated 21.1.2019, so that justice may be done.

(2.) Heard Sri Amit Daga, learned counsel for the applicant, Sri Abhilash Singh, learned counsel for O.P. No. 2 and Sri K. K. Rajbhar, learned A.G.A. representing the State. Perused the records.

(3.) Learned counsel for the applicant argued that this Sessions Trial was pending before the trial Judge, where prosecution witnesses PW1 and PW2 including present applicant were examined, but their examination was under threat and pressure exerted by accused persons. Those two witnesses turned hostile. They did not support prosecution case. Subsequently on the date of recording of statement u/s 313 Cr.P.C. an application Cr.P.C. was moved by complainant for getting two prosecution witnesses, who were witnesses of fact and were not examined earlier, examined. This application was heard and allowed. Thereafter those two witnesses were got examined, who also did not support prosecution and they turned hostile. Hence for alleged exerted pressure and coercion resulting hostility of prosecution witnesses, for which complaint was filed, subsequently for such act F.I.R. was got registered against accused persons. Then this application Cr.P.C. was moved by the present applicant before the trial court for getting herself re-examined for the ends of justice. The learned trial Judge after hearing both the parties passed the impugned order dated 2.4.2019, whereby application moved Cr.P.C. was rejected. Hence for ends of justice this application u/s 482 Cr.P.C. has been moved for above prayed relief. There is no prejudice to accused persons by way of allowing this application because they will have further opportunity of cross-examination of witnesses and ends of justice will be there.