Babar Mian vs State of U.P.

Rajesh Dayal Khare, J.—Heard Sri Sumit Gopal, learned Counsel for the applicant and Sri I.M. Khan, learned Counsel who has put in appearance on behalf of applicant by filing his parcha today in the Court, which is taken on record and learned A.G.A. for the State.

The present petition u/s 482 Cr.P.C. has been filed for quashing order dated 13.05.2010 passed by learned Additional Sessions Judge (Fast Track Court No. 2), District Rampur in Sessions Trial No. 14 of 1995 State v. Babar Mian and Ors. u/s 302 I.P.C. Police Station Ganj, District Rampur.

It is contended by learned Counsel for the applicant that earlier an application was moved on behalf of the applicant u/s 311 Cr.P.C. for summoning the P.W.6, which application was rejected by the learned Court below by an order dated 24.04.2010 and the same was challenged by the applicant by means of Criminal Misc. Application (482) No. 15622 of 2010 before this Court and another Bench of this Court vide its Judgment and order dated 05.05.2010, copy of which is annexed as Annexure-3 to the petition declined to interfere with the order dated 24.04.2010 whereby the application u/s 311 Cr.P.C. was rejected but liberty was granted to applicant to file fresh application u/s 311 Cr.P.C. as in the opinion of the Court, the application earlier moved was vague in nature. It is further contended that the applicant moved another application on 13.05.2010 wherein two specific questions were indicated which were sought to be put to the witness sought to be summoned but the same was again rejected by the Court below vide its order dated 13.05.2010. It is next contended by learned Counsel for the applicant that P.W.6 in his statement has stated that he is not aware about the whereabouts of the Maruti car and therefore it is necessary to cross examine him.

After hearing the learned Counsel for the applicant, learned A.G.A. and after perusing the averments made in the present application as well as order impugned, this Court is of the opinion that one last opportunity be given to the applicant to cross examine the P.W.6 within a specific time.

Accordingly, the order impugned dated 13.05.2010 is hereby set aside. It is directed that the applicant shall move appropriate application before the concerned Court below within 15 days from today along with certified copy of this order and the Court below shall pass an appropriate order within a period of one month thereafter, for providing one last opportunity for examining P.W.6. It is provided that the applicant will only be permitted to ask those two questions as specified in his application dated 13.05.2010, copy of which is annexed as Annexure-4 to the petition for which the Court below shall fix a particular date and if such an opportunity is not availed by the applicant, no further opportunity shall be given to the applicant. It is further provided, that the applicant shall pay the expenses which may be fixed by the Court.

With the aforesaid directions this petition is finally disposed off.