Court No. - 28 Case :- U/S 482/378/407 No. - 4778 of 2009 Petitioner :- Mohd. Ishtiyaq Alias Nabbu Respondent :- State Of U.P. Petitioner Counsel :- A.K. Tiwari,Pankaj Shukla Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioner and the learned AGA and perused the
material on record.
The sessions trial is at the stage of arguments. It comes out from the record
that a bullet was recovered from the wound of the injured as has been told by
Dr. P.K. Srivastava, Radiologist (PW6). In response to the relevant question
asked in the cross-examination he could not give any specific and satisfactory
reply as to whether or not this bullet can be fired by a country made pistol as
is the case of the prosecution. After closing of the prosecution evidence the
case was fixed for adducing defence in September, 2009. An application was
moved on behalf of the defence, after about 3 months, requesting the court to
accord permission to examine Sri O. P. Tripathi, retired Ballistic Expert,
resident of C-14, Vigyanpuri, Mahanagar, Lucknow which was rejected on
the ground that the application has been moved after three months with a view
to delay the proceedings. Learned counsel submits that this delay was not
deliberate and bonafidely the accused-petitioner intends to examine the
aforesaid witness on his own cost. He also undertakes to serve dasti summons
upon the said witness.
In view of the aforesaid facts and circumstances, in the interest of justice and
to ensure substantial justice, the impugned order dated 08.12.2009 is hereby
qaushed with a direction to the court below to accord one more opportunity to
the defence to produce the aforesaid witness on his own cost. He shall also
serve dasti summons upon the witness. This would be subject to payment of
Rs.1500/- as costs to the complainant.
With the aforesaid directions the petition is disposed of finally.
Order Date :- 13.1.2010
Shaakir/