Allahabad High Court High Court

Hardam Singh vs State Of U.P. on 27 January, 2010

Allahabad High Court
Hardam Singh vs State Of U.P. on 27 January, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 2284 of 2010

Petitioner :- Hardam Singh
Respondent :- State Of U.P.
Petitioner Counsel :- Sanjay Kumar Dubey
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned AGA.

This application has been filed with a prayer to quash the order dated 5.1.2010
passed by Additional Session Judge/F.T.C.-I Hathras in S.T. No. 420 of 2006
whereby the application for relieving the P.W. 6 has been rejected.

It is contended by learned counsel for the applicant that in the present case
first adjournment was sought by the applicant that is why the P.W. 6 could not
be cross-examined. Therefore, the cross examination of P.W. 6 was closed.

In case the P.W. 6 is not cross examined, the applicant shall suffer irreparable
loss.

Considering the submission made by learned counsel for the applicant,
learned AGA and from the perusal of the record it appears that in case the
applicant deposited the cost of Rs. 2,000/- within 15 days from today and
moves an application for recalling P.W. 6 for the purpose of the cross
examination, the same shall be allowed and the order dated 5.1.2010 shall be
kept in abeyance, in default the Court shall proceed further in accordance with
law.

With the above direction, this application is finally disposed of.

Order Date :- 27.1.2010
prabhat