Janeshwar and Ors. vs State of U.P.

V.K. Chaturvedi, J.—Affidavit filed in support of the revision is taken on record.

This revision is preferred against the judgment and order dated 2642001 passed by the IInd Addl. Session Judge, Muzaffarnagarin S.T.No. 1409 of 1997, rejecting the application filed by the revisionists under Section 311 Cr. P.C. for summoning RW 3 and P. W 4 for crossexamination.

Heard Sri. S.S. Malik, learned Counsel for the revisionists and the learned A. G. A.

It is contended that revisionists are facing trial under Section 302 I.P.C. and their application under Section 311 Cr. P.C. for summoning P.W. 3 and P.W. 4 for crossexamination has been wrongly rejected by the trial Court. As such order be set aside.

Sessions trial No. 1409 of 1997 is pending before Ilnd Addl. Sessions Judge, Muzaffarnagar. On 13122000 P.W. 3, Radhey and P.W. 4 Sugna were present in the Court and their examination in chief was recorded and on that day an application was moved by Km. Rehka Rani Advocate representing the accused that senior Counsel had gone out of the station, therefore, she is unable to cross examine the witnesses. The request of the Counsel for the accused was conceded and the case was adjourned. Thereafter 15122000 was fixed/6ut some of the accused deliberately disappeared to avoid the crossexamination of these two witnesses and consequently nonbailable warrant was issued. On 2312001 again an application was moved that the Counsel could not inspect the file, therefore, the case be adjourned and the case was again adjourned. On 1322001, the witnesses were present and the Counsel for the accused moved an application for adjournment which was rejected. It is, therefore, apparent that whenever the witnesses appeared for being crossexamined then adjournment application is moved. This has caused unnecessary harassment to the witnesses.

After hearing the submissions made by the learned Counsel for the parties and perusing the entire materials on record and also taking into considering the fact that the revisionists are facing trial under Section 302 I.P.C. in the interest of justice, impugned order dated 2642001 is hereby set aside and the trial Court is directed that if revisionists deposit a sum of Rs. 5,000, as costs before him along with a certified copy of this order then P.W. 3 and P.W. 4 shall be recalled for cross examination. However, it is made clear that if the above witnesses are present then no adjournment shall be granted at any cost and their crossexamination be completed on that day. Revision disposed of.