BARKAT ALI ZAIDI
DHEERAJ – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Hon’ble B.A. Zaidi, J.—Applicant is an accused in S.T. No. 1263 of 2006 (State of U.P. v. Dheeraj) pending in the Court of Additional Sessions Judge, Court No. 7, Muzaffar Nagar.
2. He has come to this Court under Section 407, Cr.P.C. The facts relating to this application are that the Trial Judge summoned the prosecution witnesses complainant P.W. 1 Naseem, his wife P.W. 2 Smt. Naseema and P.W. 4 Rafikan for re-examination after they were declared hostile, cross-examined and discharged. The applicant says that on 29-11-2007, when P.W. 1 Naseem appeared for re-examination, the Trial Judge threatened him, saying that in case he did not support the prosecution case, besides punishing the accused, he will punish him too, and why had he not brought alongwith him, his wife P.W. 2 Smt. Naseema. The Trial Judge re-examined P.W. 2 Smt. Naseema on 8-1-2008, despite, that the defence Counsel, was ill and an application was moved seeking adjournment. For all these reasons, the applicant had reason to believe that justice, may not be done, to him.
3. I have heard Sri Amit Krishna, Advocate for the accused-applicant and Mohd. Israil Siddiqui, Additional Government Advocate for the State.
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