Anubhav Saini vs State Of Uttarakhand & Another

R.C. Khulbe, J

By way of present application, moved under Section 482 of Cr.P.C., applicant seeks to set aside the impugned order dated 31.08.2016 passed by the learned Judicial Magistrate, District Udham Singh Nagar in criminal case no. 245 of 2014 as well as impugned judgment and order dated 18.07.2018 passed by Additional Sessions Judge, Kashipur, Udham Singh Nagar in criminal revision No. 190 of 2016.

From the perusal of the record, the prosecution was produced as PW-1 Lalit Mohan, PW-2 Mohd. Naseem and PW-3 Ajay Singh, but these witnesses were not cross-examined by the accused, in spite of several opportunities. Thereafter, the matter was fixed for the statement of accused under Section 313 of Cr.P.C., in the meantime, the accused filed an application under Section 311 of Cr.P.C. for presenting the witnesses, so that the accused may cross-examine them. The said application was rejected on 31.08.2016. Aggrieved it, the accused had filed criminal revision No. 190 of 2016, Anubhav Saini vs. State of Uttarakhand before the Sessions Judge Kashipur. The learned Additional Sessions Judge, Kashipur dismissed the aforesaid revision and affirmed the order dated 31.08.2016. Aggrieved it this application under Section 482 Cr.P.C. has been filed.

From the perusal of the record, it is clear that the prosecution had produced three witnesses namely, PW-1 Lalit Mohan, PW-2 Mohd. Naseem and PW-3 Ajay Singh, examination-in-chief were recorded by the APO, but the accused filed adjournment application. Several opportunities were given to the accused to cross-examine the above witnesses, but none were cross-examined by the accused. Thereafter, opportunity to cross-examination was closed by the trial court.

It is argued by learned counsel for the applicant that one more opportunity be given to the accused, so that the accused may cross-examine above three witnesses. Although, sufficient opportunity has been given by the trial court, but in the absence of cross-examination, prejudice would be caused to the accused, which will result into miscarriage of justice in absence of fair trial.

The accused is facing trial in serious crime, so in the interest of justice, one more opportunity may be given to the accused to cross-examine the above three witnesses.

In these circumstances, the present application filed under Section 482 Cr.P.C. is allowed with the direction that the applicant/accused shall appear before the trial court on 04.07.2019. On that day the learned trial court summon the witnesses, so that the accused may cross-examine them.

Pending applications, if any, also stand disposed of accordingly.

Let the certified copy of this order be supplied to learned counsel for the applicant, today itself, on payment of usual charges.