Munshad Ahmad Khan v. State of U.P. and 5 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 37746 of 2023 Applicant :- Munshad Ahmad Khan Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Man Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J. Heard Sri Naushad Ahmad Khan, Advocate, holding brief of Sri Man Mohan Mshra, learned counsel for the applicant and learned AGA for the State. The applicant has filed this application under Section 482 Cr.P.C. with a prayer to set aside the cross-examination of the applicant recorded as P.W. 1 on 13.06.2018 in Case Crime No. 45 of 2006, under Section 302 IPC, in S.T. No. 1821 of 2007, pending in the trial court at Muzaffar Nagar and further prayed to grant sufficient regular police protection to all the fact witnesses in the District of Muzaffar Nagar, whenever required, till the conclusion of the trial. At the very outset, learned counsel for the applicant submits that a direction be issued to the court below to decide the Application under Section 311 Cr.P.C., which is annexed as Anexure 18 to the affidavit filed in support of the application, pending in the court of Additional District & Sessions Judge-III, Muzaffar Nagar, in S.T. No. 1821 of 2007, dated 02.08.2023, within a fixed time frame. Learned AGA has no objection with the aforesaid contention. Considering the facts and circumstances of the case, the trial Court concerned is directed to make an endeavour to decide the pending application referred to above strictly in accordance with law, expeditiously preferably without granting any unnecessary or unduly adjournments to the parties concerned. Application stands disposed off as above. Order Date :- 16.10.2023 v.k.updh. High Court of Judicature at Allahabad