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2023 Supreme(All) 540

SURESH KUMAR GUPTA
Raj Kumar Yadav @ Kalu – Appellant
Versus
State Of U. P. Thru. Its Prin. Secy. Home, Lko. – Respondent


Advocates Appeared:
For the Revisionist : Prem Kumar Singh.
For the Opposite Parties : Rajesh Shukla, Surya Narayan Mishra.

ORDER :

(Suresh Kumar Gupta, J.)

1. Heard Sri Prem Kumar Singh, learned counsel for revisionists, Sri Surya Naryan Mishra, learned counsel for opposite party no.2, learned AGA for the State and perused the record.

2. This Criminal Revision has been preferred u/s 397/401 CrPC against the order dated 26.11.2022 on the Application dated 26.11.2022 u/s 311 CrPC moved by revisionists, passed by Additional Session Judge, Court No.7, Gonda in Session Trial No. 85/2018, vide Crime No. C-14/2014, u/s 323/325/307/504/506 IPC, P.S. Wzir Ganj, Gonda.

3. Learned counsel for revisionists submitted that the application u/s 311 CrPC has been moved before learned trial court with prayer that for the interest of justice he want to cross-examine the PW-1 Sri Umesh Dutt Singh on following points:

    (i) Was it dark at the time of incident?

(ii) Were people's faces visible at the time of incident?

(iii) Were you able to recognize the accused Raj Karan, Krishna Kumar and Shiv Kumar at the time of incident.

(iv) Was the accused name in written report on the advice of villager's?

4. The trial court rejected the application of revisionists for cross-examination of above points by detail speaking order dated 29.

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