Alok Kumar Mukherjee, J. - (1.) Supplementary affidavit filed by the learned counsel for the applicant, let the same be taken on record. Heard Sri Bhuwan Raj, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on record.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing of the impugned order dated 13.10.2016 passed by the learned Additional Sessions Judge, Fast Track Court, Court No.20 in Session Trial No.1207 of 2013, arising out of Case Crime No. 41 of 2013, under Sections 342, 323, 504, 313, 506 and 376 IPC, Police Station Kaundiyara, District Allahabad and further for directing the learned trial court to recall P.W.-1 informant/victim for her cross examination by the learned counsel for the present accused-applicant only.
(3.) The contention of the learned counsel for the applicant is that the present FIR has been lodged against the applicant and others on 04.04.2013 by the informant/victim, in which the police has submitted the charge-sheet against the applicant and others on 13.07.2013 and thereafter, the trial commenced. In the said trial, earlier, the then learned counsel for the applicant was unable to cross-examine the informant/victim, due to his own illness, therefore, he engaged another counsel, but till then the cross examination of the P.W.-1 informant/victim, was closed on 30.09.2015 by the learned trial Judge. Therefore, an application (no. 28-Kha) was moved before the concerned trial court, on behalf of the applicant, with a request to recall the P.W.-1 informant/victim for cross examination by the applicant alone, because she (P.W.-1) was never cross-examined by his counsel, but the same was rejected by the learned trial Judge, vide impugned order dated 13.10.2016, on the ground that P.W.-1 was cross examined on behalf of all the accused persons including the applicant and also for the reason that the application was moved at a belated stage.;