Smt. Urmila v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 15 Case :- APPLICATION U/S 482 No. - 12210 of 2023 Applicant :- Smt. Urmila Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Taufeeq Ahmad,Dileep Kumar Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The instant Application under Section 482 Cr.P.C. has been moved with a prayer to set aside the order dated 30.10.2023 passed by the learned Additional Sessions Judge, Court No.5, Barabanki in Sessions Trial No.340 of 2023, Case Crime No.327 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kursi, District Barabanki, whereby the application moved by the applicant through his counsel for recall of the P.W.-3 for cross examination has been rejected. Learned counsel for the applicant submits that the applicant has moved an application under Section 311 Cr.P.C. before the learned court below for fresh cross-examination of the P.W.-3. He further submits that on the date of cross-examination of the P.W.-3, the counsel for the applicant could not appear before the learned trial court due to some personal problems, therefore, he prays that the P.W.-3 may be called for fresh cross-examination before the learned trial court for better adjudication of the case. Learned A.G.A. for the State opposed the prayer made by learned counsel for the applicant and he submits that the impugned order dated 30.10.2023 by which application under Section 311 Cr.P.C. moved by the applicant was rejected has been rightly passed. There is no infirmity or illegality in the impugned order. It is just a ploy adopted by the applicant to delay the trial by moving the aforesaid application under Section 311 Cr.P.C. There is no justification to call the P.W.-3 again for her cross-examination. After considering the arguments advanced by learned counsel for the respective parties as well as after perusal of the impugned order, it appears that the learned court below has rightly rejected the application under Section 311 Cr.P.C. moved by the applicant before the learned trial court as the same is moved only with intention to delay the proceedings of trial. The P.W.-3 already appeared before the learned trial court for her cross-examination. Thus, this Court finds no proper justification to entertain the instant application under Section 482 Cr.P.C. and also to interfere in the impugned order dated

30.10.2023 passed by the learned court below as the same has been rightly passed and there is no infirmity or illegality in the impugned order. With the aforesaid observations, it appears that the present application under Section 482 Cr.P.C. is devoid of merits and deserves to be dismissed, which is accordingly dismissed. However, in the facts and circumstances of the case the lower court concerned is directed to expedite and conclude the proceedings of the aforesaid case expeditiously, preferably within a period of six months without granting any unnecessary adjournment to either of the parties from the date of receiving of copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. Office is directed to communicate this order to the learned court below concerned immediately. Order Date :- 15.12.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench