Anwar vs State of U.P. and Another

S.C. Agarwal, J.—Heard learned Counsel for the applicant and learned AGA for the State.

This application u/s 482 Code of Criminal Procedure . has been filed with a prayer to quash the order dated 8.2.2011 passed by Addl. Sessions Judge/Fast Track Court No. 2, Bijnor in S.T. No. 622 of 2007 (State v. Shakeel and Ors.), under Sections 395, 397, 412, 120-B IPC, P.S. Kiratpur, District-Bijnor, whereby the trial Court, at the stage of judgment, exercised the powers u/s 311 Code of Criminal Procedure. Suo motu.

Learned Counsel for the applicant submitted that the arguments concluded on 2nd February, 2011 and 8th February, 2011 was fixed for judgment but on the date of judgment, instead of delivery of judgment , the impugned order was passed to fill up the lacunas in the prosecution case.

Learned AGA supported the impugned order and submitted that some formal witnesses could not be examined by the prosecution and the trial Judge committed no error or illegality in passing the impugned order.

Learned Trial Judge observed in the order dated 8.2.2011 that the G.D. of 31.3.2007 regarding interrogation of three accused persons was on the record and it was not proved by the prosecution. G.D. of the same date regarding departure of the police force with the accused persons for the purpose of recovery was not on record but was on the record of the connected case of S.T. No. 432 of 2007, u/s 307/34 IPC, P.S. Nazibabad and the connected case u/s 25 Arms Act decided on 21.3.2009. Therefore, trial Court summoned the records of the connected cases and also summoned the relevant police personnel to prove the aforesaid G.Ds.

Section 311 Code of Criminal Procedure. provides as under:

Power to summon material witness, or examine person present. - Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

From the aforesaid provisions, it is clear that the Court may at any stage of the proceeding may summon any person as a witness if his evidence appears to it to be essential to the just decision of the case.

In these circumstances, the order passed by the Addl. Sessions Judge cannot be said to be illegal, erroneous or unjust. If these witnesses are examined by the Court u/s 311 Code of Criminal Procedure., liberty shall be provided to the accused persons for cross examination. Thus, no prejudice has been caused to the applicant by impugned order.

The application is devoid of merit and is accordingly dismissed.