- (1.) Heard Sri G.S.Chaturvedi, learned Senior Counsel assisted by Sri Dinesh Kumar, learned counsel for the applicant, Sri Hargur Saran Singh, opposite party no.3, who has appeared in person and learned AGA for the State.
(2.) This application has been preferred against the order dated 02.11.2015 passed by the learned Sessions Judge, Rampur in Criminal Appeal No. 57 of 2013 (Brig. Sukhjit Singh (Retd.) Vs. State of U.P.), arising out of Criminal Case No. 264 of 2012 (State of U.P. Vs. Brig. Sukhjit Singh {Retd.}), Case Crime No. 315 of 1991, under Section 420/34 IPC, Police Station Bilaspur, District Rampur, whereby the learned Sessions Judge has rejected the application (14 Kha and 17 Kha) moved by the applicant/appellant, with a prayer for staying the further proceeding in the said criminal appeal, pending in the Court of Sessions Judge, Rampur and for quashing the aforementioned order not permitting the applicant to file the documents in question and to examine the concerned official Scinde Horse Trust qua, the applicant's trust-deed dated 18.10.1989 and concerned resolution bearing no. 112 to prove the same in the interest of justice.
(3.) By the impugned application, during the course of hearing of the appeal, the applicant/convict had requested before the appellate court to grant permission to file the aforementioned trust-deed and the said resolution as also to summon the three witnesses mentioned in the application with a view to prove the aforementioned documents. Against these applications, objections had already been filed by the complainant. After hearing the learned counsel for both the parties, the learned Sessions Judge had rejected both the applications.;