Court No. - 45 Case :- APPLICATION U/S 482 No. - 19586 of 2010 Petitioner :- Anjani Kumar Singh Respondent :- State Of U.P. Petitioner Counsel :- V.Singh Respondent Counsel :- Govt. Adovcate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State.
The present petition under Section 482 Cr.P.C., has been filed for
quashing the order dated 20.04.2010 passed by learned Additional
Sessions Judge/Fast Track Court No.1, District Ballia, whereby the
application of the applicant for summoning Dr. G.C. Maurya as
defence witness has been rejected.
Learned counsel for the applicant has contended that Sessions
Trial No. 142 of 2005 and Sessions Trial No. 143 of 2005 are cross
cases under Section 307 I.P.C., and the applicant is an accused in
Sessions Trial No. 142 of 2005 and the applicant is a informant in
Sessions Trial No. 143 of 2005. It is further contended that Dr.
G.C. Maurya who had examined the injured witness, was
examined in Sessions Trial No. 143 of 2005 as P.W. 4 but in
Sessions Trial No. 142 of 2005, when the applicant moved an
application for summoning the Dr. G.C. Maurya alongwith other
defence witnesses, his application for summoning Dr. G.C.
Maurya has been illegally rejected. It is further argued that unless
Dr. G.C. Maurya is examined as defence witness, the applicant
may not be able to prove their injuries which were examined by
him. It is thus argued, that impugned order is bad in law.
Learned A.G.A. does not dispute the contention as raised by
learned counsel for the applicant.
After hearing the learned counsel for the applicant, learned A.G.A.
and after perusing the averments made in the present application as
well as order impugned, this Court is of the opinion, that as Dr.
G.C. Maurya had examined the injured witness and was examined
in S.T. No. 143 of 2005, it would be appropriate that one
opportunity be given for his examination in the Sessions Trial No.
142 of 2005 in the interest of justice.
Accordingly the order impugned dated 20.04.2010 passed by
learned Additional Sessions Judge/Fast Track Court No.1, District
Ballia, is hereby set aside, so far as it relates to rejection of
application for summoning of Dr. G.C. Maurya as defence witness.
It is thus, directed that the learned Court below may provide one
last opportunity for summoning and examination of Dr. G.C.
Maurya to the applicant before the Court as defence witness in
Sessions Trial No. 142 of 2005 within a period of one month from
today. In case such an opportunity is not availed within the
aforesaid stipulated time, then no further opportunity shall be
given to the applicant.
With the aforesaid directions, this application is finally disposed
off.
Order Date :- 26.7.2010
S.Ali