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It is contended by learned counsel for the applicant that O.P.No. 2 Kadir Rana is a Member of Parliament of the then Ruling Party, he wonover the P.W.1 Constable Subodh Kumar who was eye witness of the alleged incident, he did not support the prosecution story,thereforem, he was declared hostile by the prosecution. The accused persons including O.P.Nos. 2 and 3 are powerful and very influential persons, under the influence in pressure of O.P.No.2 Kadir Rana P.W.1 became hostile. The trial of the accued persons was pending in the court at Muzaffar Nagar, the applicant moved a transfer application before Hon'ble High Court as Criminal Misc. Transfer Application No. 648 of 2007, the same was allowed and the session trial of the accused persons was transferred from Muzaffar Nagar to Meerut on 26.9.2007. In the present case, P.W.1 to P.W.7 have been examined, their cross examination has also been completed, the examination in chief of P.W.8 has been recorded but his cross examination was deferred. The O.P.No.2 Mr.Kadir Rana, Member of Parliament belonging to the then Ruling party B.S.P.in the State of U.P.was applying pressure relentlessly and continuously on complainant P.W.2 Maroof Rana and P.W.3 Mohd. Riazul to enter into a crompromise with him, in the process O.P.No.2 had got a case registered against P.W.2 Maroof Rana and P.W.3 Mohd. Riyazul at police Station Kithore , district Meerut in case crime No. 192 of 2011 under sections 498A, 452, 504, 307, 506 I.P.C.and ¾ Dowry Prohibion Act in connivance with his relative Munquad Ali ( another M.P.of Rajya Sabha who hails from Kithore) in which P.W.2 Maroof Rana was sent to jail, during the period of his detention in jail, the accused persons forced the family members of P.W.2 to enter into a compromise in the present session trial, otherwise P.W.2 Maroof Rana would be kept languishing in jail, therefore, brother of the applicant, namely, Mamnoon was forced to move an application for getting a charge under section 147 I.P.C.added against O.P.No.2 and O.P.No.3. It was done with ulterior motive to get the prosecution witness of fact namely, P.W.2 and P.W.3 are examined and get them to resile from their earlier statements.

So far as the fourth issue as mentioned above is concerned it appears that in the present case O.P. No. 2 is Member of Parliament, it has been alleged that he is a powerful and influential person. At the time of passing the impugned order, his political party Bahujan Samaj Party was in power in the State of U.P.due to which P.W. 1 constable Subodh Kumar who is eye witness of the alleged incident has not supported the prosecution story, he has been declared hostile. The allegation against the O.P.No.2 is that he was continuously pressurising the applicant and other witnesses for entering into a compromise, according to the allegation made the applicant who is P.W. 2 and P.W. 3 Mohd. Riyazul were made accused in case crime No. 192 of 2011 under sections 498-A, 452, 504, 307, 506 IPC and section 3/4 D.P.Act, P.S. Kithore, District Meerut. The O.P. No. 2 Sri Kadir Rana who got the case registered against them in connivance with his relative Munquad Ali (Member of Parliament, Rajya Sabha) who hails from Kithore, only to coerce them to enter into a compromise. Sri Mamnoon who moved the application dated 8.8.2011 also filed an affidavit dated 15.2.2012 mentioning therein that application was got typed by Sri Kadir Rana, O.P. No. 2 and he was forced to file in the court for adding the additional charge under section 147 IPC. By that time the applicant Maroof Rana was confined in District Jail, Meerut in Case Crime No. 192 of 2011, P.S. Kithore, District Meerut. The application dated 15.2.2012 moved by the applicant along with his affidavit and affidavit of Sri Manmoon mentioning therein all the facts and circumstances in which in a pre planned manner Sri Manmoon was forced to file the application dated 8.8.2011 showing P.W. 2 and P.W. 3 may be re-examined and get them to resile from their earlier statements. It shows that the application dated 8.8.2011 has not been filed bonafidely but it was filed with ulterior motive to resile P.W. 2 and P.W. 3 from their earlier statements. In such circumstances, the application for recalling the witnesses P.W. 2 and P.W. 3 for re-examination has been filed to defeat the ends of justice. The learned trial court has committed a manifest error in recalling the P.W. 2 and P.W. 3 for the purpose of re cross examination because such application may not be allowed in view of the provisions of section 217-a Cr.P.C. If any application has been filed with an ulterior motive for defeating the ends of justice for recalling or re-examining the witnesses under section 217 Cr.P.C. can not be allowed but the trial court has allowed such application vide order dated 8.8.2011. The learned trial court has committed a manifest error in recalling the P.W. 2 and P.W. 3 for the purpose their re-cross examination. Such order dated 8.8.2011 is illegal and is hereby set aside.

Considering the facts that it is case in which the incident has been occurred on 28.10.2006 and sessions trial is pending since 2007. Seven witnesses have already been examined and the examination chief of P.W. 8 SSI Deepak Malik has already been recorded and the proceedings of the sessions trial have been transferred from sessions court Muzaffar Nagar to sessions Court, Meerut.

Considering the gravity of the offence and other circumstances, it is directed that the proceedings of Sessions Trial No. 1206 of 2007 pending in the court of learned Addl. Sessions Judge/ Special Judge (SC/ST Act), Meerut shall be expedited without granting any unnecessary adjournment to either of the side.

The interim order dated 30.5.2012 staying the further proceedings of S.T. No. 1206 of 2007 pending in the court of learned Additional Sessions Judge/ Special Judge (SC/ST Act), Meerut is hereby vacated.

Accordingly this application is allowed.

Let a copy of this order be communicated to the trial court Addl. Sessions Judge/ Special Judge (SC/ST Act), Meerut through learned Sessions Judge, Meerut forthwith for the compliance of the above mentioned direction.

Dated : July, 12 2013.

Su/RPD