JUDGMENT :

AJAI TYAGI,J.

1. This application u/s 482 Cr.P.C. is moved by applicant Rajendra Kumar against the State of U.P. being aggrieved with the order passed by Additional District and Sessions Judge, Court No.1, Ghaziabad on 02.08.2022 in S.T. No.1512 of 2005 (State vs. Manmohan and others), under Section 302 IPC, Police Station-Kotwali, District-Ghaziabad, whereby the application, moved by applicant-accused Rajendra Kumar, under Section 311 of Cr.P.C. for recalling PW1 Shiv Kumar Sharma was rejected by aforesaid trial court.

2. Heard Shri Sant Saran, Advocate appearing on behalf of Ms. Samriddhi Upadhyaya, assisted by Shri Yash Dev Upadhyaya, learned counsel for the applicant and Shri Mithilesh Kumar, Learned AGA for the State.

3. Brief facts of the case giving rise to this present application are that a first information report was lodged by Shiv Kumar Sharma against Manmohan @ Bittu, Rajendra @ Pappu and Satpal @ Santo u/s 302 r/w Section 34 IPC on 05.05.2005, in which averment was made that complainant Shiv Kumar had lent his shop to Ranjeet. Manmohan, brother of Surendra Bhola, had told him to get the shop vacated. Due to this cause persons became inimical and told him that h