Court No. - 5 Case :- U/S 482/378/407 No. - 1941 of 2010 Petitioner :- Jalipa Singh Respondent :- State Of U.P. Petitioner Counsel :- Abdul Rafey Siddiqui,Rehan Ahmad Siddiqui Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
This petition under Section 482 of the Cr. P. C. has been filed by the
petitioner Jalipa Singh for setting a side the order dated 26.4.2010 by which
application of accused for recalling P.W.-4 Ram Sanjiwan of cross
examination was rejected.
It has been submitted by the learned counsel for the petitioner that petitioner
is facing trial before the court below for the offence punishable under Section
302 I. P.c. That statement of PW4 Ram Sajiwan was recorded on 16.3.2009
and on the application of petitioner, his cross examination was deferred and
subsequent thereto, statement of several other witnesses were recorded and
when an application for recalling PW 4 Ram Sajiwan for further cross
examination was moved by the petitioner, the same was rejected vide order
dated 26.4.2010. It has been submitted that since the accused is facing trial
for serious offence and if opportunity is not provided to him to cross examine
PW4 Ram Sajiwan, who is a material witness, grave injustice would be
caused to him and he will be prejudiced in his defence and in these
circumstances, it is necessary that one opportunity be provided to the
petitioner to cross examine the P.W.4.
Learned A.G.A. submits that opportunity was provided to the applicant on
16.4.2009 but on that date, applicant had failed to cross examine the witness
and as such no further opportunity should be given to him.
Since the applicant is facing trial of charge under Section 302 I.P.C. which is
very serious, it is therefore, necessary to provide one more opportunity to
petitioner to cross examine the PW-4 Ram Sajiwan.
In view of the above, the petition is allowed. Impugned order dated 26.4.2010
rejecting the application of the petitioner to recall witness, is hereby set aside
and the learned trial court is directed to recall PW-4 by fixing a particular
date and the learned trial court shall accord an opportunity to the accused to
cross examine the witness. It is hereby made clear that the petitioner shall not
seek any adjournment on the day when Ram Sanjiwan appears in the court.
Since the case has become already old, therefore the case shall be decided
expeditiously by the courts below keeping in view the provisions of Section
309 Cr.P.C.Office will inform the court below accordingly.
With these observations, the petition is finally disposed of.
Order Date :- 9.7.2010
Mahesh