Court No. - 7 Case :- APPLICATION U/S 482 No. - 21112 of 2010 Petitioner :- Dina Nath Yadav And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- Sudeep Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Mrs. Poonam Srivastav,J.
Heard learned counsel for the applicants and learned AGA for the
State.
I have perused the entire record. It appears that first informant was
examined in the trial. Subsequently, during continuation of the
trial, parties have compromised outside the court. In these
circumstances, application under Section 311 Cr.P.C was moved
for recalling P.W. 1, which was dismissed vide order dated
04.06.2010.
After hearing learned AGA, I dispose of this application with a
direction, Special Judge (SC/ST Act) shall recall P.W. 1 and
permit the defence for further cross examination. This application
shall be moved at the instance of the applicant along with certified
copy of this order within a period of two weeks. In the event, such
an application is moved, an order shall be passed to recall PW. 1
within next two weeks. Order dated 04.06.2010 is quashed. Copy
of this order shall be served within 24 hours to the respective
parties.
Order Date :- 18.6.2010
arun