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Baiju v. State Of U.P. & Another - APPLICATION U/s 482 No. 9740 of 2007 [2007] RD-AH 8366 (4 May 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ravindra Singh, J.

Heard learned counsel for the applicant and learned A.G.A.

This application is filed with a prayer to quash the orders dated 12.1.2007 and 21.4.2007 passed by Addl. Sessions Judge, Court no. 12, Aligarh in S.T. No. 499 of 2001 for recording the witness of P.W. 1 has been rejected and an application for recording the witness of Sub Inspector was kept pending. Considering the application given by the applicant for recording the statement of P.W. 1 it appears that no specific points for cross examining the P.W. 1 which was essential required for just decision of the case has been mentioned. It has been rightly rejected. There is no illegality in the order dated 21.4.2007. And in the application filed under section 311 Cr.P.C. for recording the statement of Sub Inspector which is pending, therefore no order can be passed in respect of the order dated 12.1.2007.

However, it shall be open to the applicant to move an application for recording the witness of P.W. 1, in case such application is filed, the same shall be considered and disposed of in accordance with the provisions of law.

With this direction, the application is finally disposed of.




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