Allahabad High Court
Nawab Singh vs State Of U.P. And Another on 11 January, 2021
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- APPLICATION U/S 482 No. - 18461 of 2020 Applicant :- Nawab Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Sushil Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 22.09.2020 passed by the Additional Sessions Judge (Rape cases and POCSO Act), Sambhal at Chandausi in Sessions Trial No. 17 of 2020 (State Vs. Bhanu Singh and others), arising out of Case Crime No. 913 of 2017, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station-Gannaur, District-Sambhal whereby the application of opposite party no.2 under Section 311 Cr.P.C. was allowed.
3. Brief facts of the case are that an F.I.R. was lodged by opposite party no.2 against the son of applicant as well as other co-accused persons on 21.12.2017, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station-Gannaur, District-Sambhal. After investigation, the charge sheet has been submitted on 29.03.2018 against the applicant as well as other co-accused persons, namely, Bhanu Singh and Smt. Kasturi. Thereafter, the accused persons were summoned and trial was started. During trial, the statement of P.W.-1 Chandrakesh, P.W.-2 Ram Hari and P.W.-3 Ram Bhoop were recorded. After examining of all the witnesses before the trial court, evidence was closed and the case was listed for decision on 22.09.2020. Subsequently, the concerned court below vide order dated 22.09.2020, without application of provision under Section 311 Cr.P.C., suo moto summoned the mother of deceased, namely, Anand Dai as a witness under Section 311 Cr.P.C.
4. Learned counsel for the applicant submits that the court below, without application of provision under Section 311 Cr.P.C. passed the impugned order summoning Anand Dai (mother of deceased). It is further submitted that in the trial of the aforesaid case, the evidences between the parties have already been ended and the trial is at the final stage, therefore, the impugned order dated 22.09.2020 is against the eye of law. It is further submitted that the real fact is that when the prosecution thought that the prosecution would not succeed in the instant session trial then in collusion with the said witness, is trying to examine him, in an effort to succeed, which is not permissible under law in any manner. He, therefore, submits that the order impugned, passed by the Additional Sessions Judge, is absolutely illegal, arbitrary, contrary to the evidence on record and is also beyond time, hence the same is liable to be quashed.
5. Per contra, learned A.G.A. for the State has opposed the submission made by the learned counsel for the applicant by contending that the order impugned passed by the court below is legal and valid. It has further been submitted that although the evidence was closed on 06.01.2020, it is clear from the observation of the case diary that the mother of the deceased, Anand Dai, who is also a witness, should be examined before the court below. It has further been submitted that the court below has not committed any error in passing the impugned order, therefore, do not call for any interference by this Court. Hence, he submits that the present application is liable to be rejected.
6. Having considered the submissions made by the learned counsel for the parties and having gone through the records of the present application, this court finds that there is no illegality or manifest error of law or perversity in the impugned order dated 22.09.2020 passed by Additional Sessions Judge (Rape cases and POCSO Act), Sambhal at Chandausi, therefore, no interference is required in the impugned order dated 22.09.2020.
7. This application under Section 482 Cr.P.C. is, accordingly, dismissed.
Order Date :- 11.1.2021 JK Yadav