- (1.) This application u/s 482 CrPC has been filed with the prayer to set-aside / quash the order dated 22.4.2016 passed by the Additional Sessions Judge - F.T.C.-II, Ghaziabad in S.T. No. 157 of 2014, arising out of case crime no. 1605 of 2014, under Section 302/34 IPC, P.S. Sihani Gate, District Ghaziabad. Further prayer has been made to allow the applicants to confront the prosecution witness no.2 with the photogrphs as well as video CD of CCTV footage dated 8.11.2014 captured at the CCTV Camera of UCO Bank, village Morti Branch, Ghaziabad.
(2.) Heard Shri Vinay Kumar Singh, learned counsel for the applicants as well as the learned AGA appearing for the opposite party no.1 - State and perused the entire record.
(3.) It was submitted by the learned counsel for the applicants that under the provisions of Section 154 Evidence Act, to confront the prosecution witness no.2 with the photogrphs as well as video CD of CCTV footage was essential to impeach credibility of the statement of witnesses. The trial court without considering the true aspect of the matter, illegally rejected the application filed by the applicants vide impugned order which is illegal. It was further submitted that the applicants, who are facing trial in the matter, have also helped the deceased in taking him to the hospital for treatment. This fact can be verified from the CCTV footage filed on behalf of the applicants during trial. In support of his submissions, learned counsel for the applicants placed reliance on a decision of the Gujarat High Court in the case of Ghanshyambhai Madvlal Patel vs. State of Gujarat and others, 2015 2 GLH 732.;