Saumitra Dayal Singh, J. - (1.) Heard learned counsel for the parties.
(2.) The present criminal revision has been filed to quash the order dated 07.08.2018 passed by the Addl. Sessions Judge/Fast Track Court, Mainpuri in Session Trial No. 652 of 2013 (State Vs. Updesh @ Shibbe & Others), arising out of Case Crime No. 243 of 2013, under Sections- 147, 148, 149, 307, 302, 504, 506, 120-B I.P.C. and 7 Criminal Law Amendment Act, Police Station- Kishani, District- Mainpuri by which the learned Court below has rejected the prayer made by the defence for recall of three prosecution witnesses namely PW-1, PW-2 and PW-3 upon alteration of charge made on 30.07.2018.
(3.) Short submission advanced by Shri. Upendra Upadhyay learned counsel for the applicant is:- though the applicant had been charged vide order dated 17.02.2014, amongst others for offence alleged under Section 302 IPC read with Section 120-B IPC, however, by the subsequent order dated 30.07.2018, after evidence had been recorded, the charge was altered. In such fact, learned counsel for the applicant submits that the applicant was entitled to recall the prosecution witness of fact, more as a matter of right and less as a matter of discretion to be exercised by the learned Court below.;