Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 1405 of 2010 Petitioner :- Ashok Yadav & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Anita Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard learned counsel for the petitioners Mrs. Anita Srivastsava.
and lerarned A.G.A. on behalf of State.
It appears that in S.T.No. 338 of 2006 (State Vs Ashok Yadav and
others) pending in the Court of Special Judge S.C./S.T.Act, an
application under section 311 Cr.P.C. was moved, PW1 and PW2
have already been examined but certain relevant facts could not be
asked. It is also brought to my notice that an application on behalf
of the first informant was also moved supported by an affidavit
before the Court for recording his further statement. The order of
the trial Court dated 30.9.2009 stands confirmed in revision on
07.11.2009.
After hearing respective counsel, I am of the considered view that
single opportunity must be granted to the petitioner affording an
opportunity for appropriate defence. In view of this the writ
petition is finally disposed of with a direction to the concerned
Court to grant singly opportunity to the petitioner.
In the event petitioner move application along with certified copy
of this order within period of two weeks from today before
concerned Court, the Court shall fix a date within next two weeks
summoning PW1 and PW1. The petitioners shall avail this single
opportunity for cross examination. In default, no further
opportunity shall be allowed.
The impugned two orders are set at naught. The writ petition is
finally disposed of.
Order Date :- 29.1.2010
S.A.A.Rizvi
