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[Cites 5, Cited by 2]

Allahabad High Court

Jahir Singh Yadav vs State Of U.P. & Another on 29 July, 2010

Court No. - 45

Case :- APPLICATION U/S 482 No. - 20498 of 2010

Petitioner :- Jahir Singh Yadav
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Rupak Chaubey,Devesh Kumar
Respondent Counsel :- Govt. Advocate

Hon'ble Rajesh Dayal Khare,J.

List revised none appears to press this application on behalf of applicant.

Heard learned A.G.A. for the State.

The present application under Section 482 Cr.P.C., has been filed for quashing the order impugned 26.04.2010 passed by learned Special Judge (E.C.Act), District Hamirpur, in Sessions Trial No. 275 of 2005, arising out of Case Crime No. 107 of 2005, under Sections 302, 307, 201 I.P.C., Police Station Kotwali, District Hamirpur, whereby application of the applicant for further cross-examining the P.W.2 and P.W.9 has been rejected.

Learned A.G.A. has contended that during the trial, the applicant was given an opportunity of cross-examining the aforesaid two witnesses which is apparent from the order impugned. It is thus, contended that the applicant's application has been rightly rejected , which order does not suffer from any legal infirmity in law.

After hearing the learned A.G.A. and after perusing the averments made in the present application as well as order impugned, the order impugned does not suffers from any legal infirmity in law which may call for any interference by this Court in exercise of power conferred under 482 Cr.P.C., jurisdiction.

Accordingly, this application lack merit and is hereby dismissed. Order Date :- 29.7.2010 S.Ali