Court No. - 18 Case :- U/S 482/378/407 No. - 1367 of 2010 Petitioner :- Smt. Ramguni Verma Respondent :- State Of U.P. And Another Petitioner Counsel :- Arun Sinha,Siddharth Sinha Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard Mr. Arun Sinha, learned counsel for the applicant, learned A.G.A. for
the State and perused the record.
By means of this application filed under section 482 Cr.P.C. order dated
12.10.2009 passed by Additional Sessions Judge, Court no. 6, Lakhimpur
Kheri in Sessions Trial No. 654 of 2006, State Vs. Sachin alias Dalu Gupta
and others, has been challenged, whereby the trial court has allowed the
application moved by the accused opposite party no. 2 under section 311
Cr.P.C. for recalling PW-1 and PW-2 for further cross examination.
The submission of Mr. Sinha is that the applicant is the complainant of the
said case and both the Pws. 1 and 2, who have been recalled for further cross
examination by the trial court had been subjected to lengthy cross
examination as the statement of complainant PW-1 was commenced on
14.12.2007 continued on 19.12.2007 and concluded on 28.3.2008 whereas the
examination of PW-2 was commenced on 12.6.2008 continued on 1.11.2008
and concluded on 6.6.2009.
It has also been contended that in the application moved under section 311
Cr.P.C. no ground was given for recalling the said witness as to on what
points, the witness could not have been examined.
Issue notice to opposite party no. 2.
Counter affidavit may be filed within four weeks. Rejoider affidavit, if any,
may be filed within two weeks thereafter.
List after service of notice.
In the meanwhile, the effect of the impugned order dated 12.10.2009 shall
remain in abeyance. It is clarified that further proceedings of the trial shall
continue.
Order Date :- 2.4.2010
Rizvi