Court No. - 87

Case :- APPLICATION U/S 482 No. - 18614 of 2022

Applicant :- Radhey Shyam

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Amar Jeet Upadhyay

Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash Tripathi,J.

Heard learned counsel for the applicant as well as the learned AGA for the

State.

The present application u/s 482 Cr.P.C. has been filed by the applicant

with the prayer to quash the order dated 14.06.2022 passed by Additional

District and Sessions Judge/Special Judge (SC/ST Act), Meerut in S.T. No.

1554 of 2008 (State Vs. Radhey Shyam) arising out of Case Crime No.

319 of 2008, under Sections 302, 201 IPC and Section 3(2) SC/ST Act,

Police Station T.P. Nagar, District Meerut, pending in the court of

Additional District and Sessions Judge/Special Judge (SC/ST Act),

Meerut.

It is submitted by the learned counsel for the applicant that applicant was

received injuries and due to this reason, he was not in a position to attend

the Court for cross examination. Matter relates to Sections 302, 201 IPC

and Section 3(2) SC/ST Act. It is further submitted that PW-7 is the doctor

and PW-8 is the Investigating Officer. They are the main witnesses and if

the applicant is not given opportunity to cross examine, the applicant

suffer irrepable loss and impugned order is liable to be set aside.

Perusing the impugned order in which it has been stated that the applicant

counsel has not turn up for cross examination due to injury. Impugned

order will cause irreperable loss to the applicant and the application is

liable to be allowed.

Application is allowed. Applicant is directed to pay Rs. 10,000/-, which

shall be deposited in the account of District Legal Services Authority,

Meerut. After deposition of said amount, learned Trial Court shall summon

the witnesses i.e. PW-7 & PW-8 and no adjournment should be given to

the applicant for cross examination.

Order Date :- 17.8.2022

Sanjeet

Digitally signed by SANJEET

KUMAR YADAV

Date: 2022.08.18 16:25:26 IST

Reason:

Location: High Court of Judicature at

Allahabad