RAMDHARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Krishna Dutt Tiwari, learned Counsel for the applicants, learned AGA for the State and Sri Mukesh Kumar Pandey, learned Counsel for the opposite party No.2.

(2.) This application has been filed under Section 482 Cr.P.C. praying for quashing the order dated 24.7.2018 passed by Additional District Judge/Fast Track Court No.1, Kushi Nagar at Padrauna in S.T. No. 456 of 2005 (State Vs. Ramayan @ Alkha and others), arising out of Case Crime No. 196 of 2001, under Section 396 I.P.C., Police Station Kotwali Padrauna, District Kushi Nagar.

(3.) Brief facts of the case are that the opposite party No.2 lodged the first information report alleging that on 22.5.2001 at 4:30 a.m., eight unknown persons entered his house and caused injuries to his brother and father. The Investigating Officer investigated the case and submitted the charge-sheet against the applicants under Section 396 IPC. The trial court, after committal, registered S.T. No. 456 of 2005 and framed charges on 16.10.2008 under Section 396 I.P.C. and thereafter, the statements of ten prosecution witnesses were recorded. The applicants filed an application dated 05.11.2018 under Sections 233 (3) and 311 Cr.P.C. before the trial court praying that they may be permitted to file a video C.D. and PW-1, Kashi Das and P.W-6, Parsu Ram may be recalled for cross-examination regarding answer to certain questions framed in the application. Learned trial court has rejected the aforesaid application by its order dated 24.7.2018 stating that PW-1 and PW-6 have already been cross-examined by the defence in detail and they are not required to be recalled. Regarding C.D. produced alongwith application, the court has recorded the finding that it has been filed at the advance stage of trial. There is no certificate of being genuine C.D. The incident regarding which trial is proceeding, is related to the year 2001 and C.D. is alleged to have been received by the accuseds-applicants on 17.11.2017. Only for the purpose of delaying the trial, it has been filed, which is not required to be accepted. The stage of 313 Cr.P.C. is yet to come and, therefore, the prayer of the applicants cannot be accepted at the present stage.