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2024 Supreme(All) 474

SUBHASH VIDYARTHI
Hazari – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko – Respondent


Advocates Appeared:
For the Revisionist : Akashdeep Shukla

JUDGMENT :

1. Case called out. Nobody is present on behalf of the revisionists to press this revision.

2. When the case was listed as fresh on 13.02.2024, the learned counsel for the revisionists had sought adjournment on the ground that he was out of station. On 26.02.2024 when the case was listed a request was made for taking up the case on urgent basis but even then nobody had appeared for the revisionists when the case was taken up as fresh.

3. Today, again nobody is present on behalf of the revisionists. Accordingly, the court proceeds to decide the revision with the assistance of Sri Rishikesh Verma, the learned A.G.A. appearing on behalf of the State.

4. By means of the instant revision filed under Section 397/401 Cr.P.C. the revisionists have challenged the validity of the order dated 05.01.2024, passed by learned Additional Sessions Judge/Special Judge (E.C. Act) Lakhimpur Kheri in Sessions Trial No.348 of 2017: State Vs. Hazari and others, rejecting the application under Section 311 Cr.P.C. filed by the accused persons for recall of prosecution witness Molhey for his further cross-examination.

5. After the conclusion of the cross-examination of witness when the case was fixed

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