AJAY KUMAR SHUKLA Vs. STATE OF U P AND 2 OTHERS
LAWS(ALL)-2018-8-40
HIGH COURT OF ALLAHABAD
Decided on August 08,2018

Ajay Kumar Shukla Appellant
VERSUS
State Of U P And 2 Others Respondents

JUDGEMENT

Karuna Nand Bajpayee, J. - (1.) This application u/s 482 of Cr.P.C. has been moved on behalf of applicant seeking the quashing of order dated 30.05.2017 passed by the Additional Sessions Judge, Court No.5, Ballia in Session Trial No.167 of 2014 (State vs. Ajay Shukla and 3 others) arising out of Case Crime No.341 of 2012, u/s 120-B and 302 I.P.C., P.S.-Sikandarpur, District-Ballia, whereby the application moved on behalf of wife of the deceased to get herself examined as witness has been allowed.
(2.) Heard learned counsel for applicant and learned counsel for opposite party no.2 and learned A.G.A.
(3.) Submission of counsel for applicant is that the wife of the deceased who seeks to be produced in the court and wants to get herself examined as witness should not have been allowed to be examined by the trial court as it is a very belated introduction and is clearly an attempt of improvisation on prosecution story and the earlier omissions in the evidence of other witnesses about this lady being the witness of the case is sufficient to discredit her testimonial worth and value, and so therefore, there was no justification for the trial court to have allowed her application and thus the impugned order deserves to be quashed.;


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