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Allahabad High Court · body

1985 DIGILAW 1100 (ALL)

Ram Asrey v. State of U. P

1985-11-16

P.DAYAL

body1985
JUDGMENT P. Dayal, J. - This is revision filed by the accused revisionist against the order dated September 19, 1985 passed by Sri Dularey Lal Srivastava, IV Addl. Judicial Magistrate, Pratapgarh, closing the statements of P.Ws. 1 and 2 in Criminal Case No. 158 of 1984 State v. Ramasrey. 2. As the impugned order shows, the statements in examination-in-chief of P.Ws. 1 and 2 were recorded when an application was moved on half of the accused revisionist for adjournment on ground of that the covered (sic counsel) of the accused revisionist was unwell. That application was rejected because that counsel was present in the court and the lower court believed that he was not actually unwell. 3. Now, an affidavit has been filed which has been sworn by that very counsel and it has been averted is the affidavit that he was having (severe) pain in his abdomen. There is no reason to disbelieve the averments made in the affidavit. Also, the accused should be given a reasonable opportunity to depend himself in a criminal case. 4. As such this revision is allowed and the impugned order dated September 19, 1985 is set aside. The lower court is directed to afford reasonable opportunity to the accused revisionist to cross-examine witnesses who are examined on behalf of the prosecution and to proceed with the case in accordance with law. The revisionist is directed to appear before the lower court on December 17, 1985.