Court No. - 54 Case :- APPLICATION U/S 482 No. - 1811 of 2010 Petitioner :- Chandrika Prasad Yadav Respondent :- State Of U.P. Petitioner Counsel :- Lalji Yadav,Rajesh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order dated
9.12.2009 passed by Addl. Sessions Judge Court No. XVI, Kanpur
Nagar in ST No. 1034 of 2008 whereby the application under section
311 Cr.P.C.for recording the statement of Pws, 1, 2 and 3 has been
rejected.
From the perusal of the record, it appears that PW 1 was appeared in the
court concerned on 10.6.2009 but he was not cross examined by the
counsel appearing on behalf of the applicant. Thereafter, PW 2 and 3
appeared in the court concerned on 3.7.2009, they were also not cross
examined by the counsel appearing on behalf of the applicant, the
evidence was closed. The learned trial Judge has not committed any
error in closing the evidence but considering the submission made by
learned counsel for the applicant that offence is punishable under
section 307 I.P.C., due to non appearance of counsel, the Pws 1, 2 and 3
could not be cross examined . The applicant is ready to pay cost.
Considering the submission made by learned counsel for the applicant
and learned A.G.A. it is directed that in case the applicant deposits the
cost of Rs. 10,000/- within 15 days from today and moves application
under section 311 Cr.P.C, the same shall be allowed with the
undertaking that the applicant shall not seek any adjournments. In case
the aforesaid amount is deposited within 15 days from today, the order
dated 9.12.2009 shall be kept in abeyance, in default, the order dated
9.12.2009 shall be operative.
With this direction, the application is finally disposed of.
Order Date :- 1.2.2010
Su