- (1.) Heard learned counsel for the applicant and the learned AGA appearing for the State. No notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he/she feels so aggrieved.
(2.) This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 13.4.2016 passed by Addl. Sessions Judge, Hapur in Sessions Trial No.1732 of 2013 arising out of case crime no.528 of 2013 under sections 307, 302, 452 IPC, P.S. Hapur Nagar, District Hapur whereby application for adjournment moved on behalf of the applicant was rejected and opportunity of cross-examination of prosecution witnesses no. 3 was closed.
(3.) Learned counsel for the applicant submits that an application was moved on behalf of the applicant for adjournment seeking time for the purpose of cross-examination of the prosecution witness, as the counsel for the applicant was suffering from ailment. The said application was rejected and vide impugned order the opportunity of cross-examination of prosecution witness no.3 was closed, which is bad in the eye of law.;