Allahabad High Court
Hakim Singh vs State Of U.P. And Another on 24 June, 2010
Author: Virendra Singh
Bench: Virendra Singh
Court No. - 40 Case :- APPLICATION U/S 482 No. - 21501 of 2010 Petitioner :- Hakim Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Raj Singh Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the material on record.
This application u/s 482 Cr.P.C. has been filed to quash the order dated 20.4.2010 passed by A.C.J.M. Ist, Etawah and stay further criminal proceeding in case no.3679 of 2007 State Vs. Hakim Singh and another u/s 323, 324, 504 and 506 IPC, P.S. Barhpura Since the alleged witness P.W.2 was cross-examined in the presence of accused. Therefore, there is no substance in this contention of learned counsel for the applicant that the examination-in-chief of the witness was recorded in the absence of accused.
So far the question of discharge of the witness is concerned, firstly no witness can be restricted to be re-examined while in this case the cross-examination of P.W.2 is itself pending and the discharge of thet witness for cross- examination may itself harm to the accused being no opportunity available to the accused against the examination-in-chief recorded in his presence. Therefore, I do not find any substance in this application which is liable to be dismissed as the impugned order suffers with no illegality.
The application is accordingly dismissed.
Order Date :- 24.6.2010 Gaurav