Dinesh Kumar Singh, J. - (1.) Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Atul Kumar Shahi, learned counsel for the applicant, Sri Irfanul Huda, learned counsel for the O.P. No. 2 and Sri Rishi Chaddha, learned A.G.A. for the State are present.
(2.) The prayer is made for quashing the order-sheet dated 12.02.2021 passed by Additional Sessions Judge/ Special Judge (Prevention of Corruption Act), Court No. 1, District, Gorakhpur passed in S.T. No. 19 of 2015 (State Vs. Govind Yadav and others) arising out of Case Crime No. 463 of 2014 under Sections 147, 148, 149, 307, 302, 386, 396 and 504 I.P.C., P.S. Khorabad, District Gorakhpur.
(3.) By the impugned order, Application 136 (kha) moved by the accused applicant, has been rejected under Section 319 (4)(a) Cr.P.C. wherein prayer was made that prosecution witness, P.W. 1 should be re-summoned for recording his examination-in-chief as said provision required de novo trial. Further it was mentioned in the said Application that provision of Section 319 (4)(a) was not followed by the court below as it did not record the examination-in-chief of the said witness. The said witness is informant of this case who has given an Application/F.I.R. at the police station (Exhibit Ka-1) which was proved by him.;