Balveer Singh vs State Of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(UK) 589

MANOJ KUMAR TIWARI
Balveer Singh – Appellant
Versus
State Of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Chetna Latwal, Advocate
For the Respondent: Mr. Shaurabh Pande, learned Brief Holder for the State.

JUDGMENT :

1. This criminal revision has been filed under Section 442 of Bhartiya Nagrik Suraksha Sanhita, 2023 challenging the order dated 30.07.2024 passed by 1st Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Sessions Trial No. 184 of 2022. By the said order, application filed by revisionists for recall of prosecution witnesses, under Section 311 of CrP.C. was rejected.

2. FIR No. 0287 of 2022 was registered on 17.06.2022 in Police Station Bajpur, District Udham Singh Nagar, under Section 302 IPC, in which both revisionists were also named as accused. Upon investigation, Investigating Officer filed a charge-sheet and revisionists are facing trial in the court of 1st Additional Sessions Judge, Kashipur (Sessions Trial No. 184 of 2022). In the said trial, statement of P.W.1 was recorded in the month of December, 2022, while Statement of P.W.-2 and P.W.3 were recorded in February, 2023. True copy of statements of these three witnesses are on record as Annexure 3 to the criminal revision, perusal whereof indicates that the Defence Counsel had extensively cross-examined these prosecution witnesses.

3. After more than a year of recording statement of P.W.1, P.W.2 & P.