Mahesh Pratap Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Others

Court No. - 23 Case :- APPLICATION U/S 482 No. - 2456 of 2023 Applicant :- Mahesh Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Others Counsel for Applicant :- Santosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Heard Shri Santosh Kumar Pandey, learned counsel for the petitioner and Shri Prem Prakash, learned AGA-I for the State. The impugned order dated 03.01.2023 rejects the application made under Section 311 Cr.P.C. by the applicant for recall of witnesses namely P.W.-1 and P.W.-4. As far as P.W. 1 is concerned, he was examined at length by the applicant and no sufficient cause is shown for his recall or exposing him to further examination. However, in view of the recital in the impugned order that P.W. 4 was not cross examined on account of absence of the counsel, in the interest of justice and fair trial these directions are issued: I. P.W. 4 shall be summoned by the learned trial court forthwith. All necessary steps shall be taken by the learned trial court to ensure that P.W. 4 appears on

26.04.2023.

¶2The applicant undertakes to examine P.W. 4 on the date of his appearance and shall in no condition seek any adjournment.

¶3After the cross examination of P.W. 4, the learned trial court shall proceed expeditiously with the trial and keeping in mind that the trial is long pending and a part of "action plan". With the aforesaid directions, the Application U/S 482 is disposed of finally. Order Date :- 21.3.2023 Dhananjai High Court of Judicature at Allahabad, Lucknow Bench