- (1.) This application under Section 482 CrPC has been filed with the prayer to quash the order dated 29.3.2016 passed by the Additional District Judge / Special Judge (SC/ST) Act, Gautam Budh Nagar in Session Trial No. 1934 of 1996 relating to case crime no. 200 of 1996 under Sections 302 and 307 IPC, P.S. Transport Nagar, District Meerut whereby the application moved under Section 311 CrPC for re-calling the Investigating Officer-PW-8 has been rejected. Further prayer has been made to stay the effect and operation of the said order.
(2.) Heard Shri Swetashwa Agarwal, learned counsel for the applicant, Shri Gaurav Kakkar, learned counsel for the opposite party no.2 and the learned AGA.
(3.) It was submitted by the learned counsel for the applicant that no prejudice would be caused to the prosecution if the witness sought to be re-examined is summoned for the said purpose. It was further submitted that during course of the argument, it was felt necessary to clarify certain facts for which re- examination of PW-8 is essential. Referring to the provisions of Section 138 of the Evidence Act, it was submitted that to clarify certain facts any witness already examined may be re-examined. It was further submitted that the application moved under Section 311 CrPC for the purpose mentioned therein, cannot be rejected only on the ground of delay. Hence, the order passed by the court below is illegal.;