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Allahabad High Court · body

2021 DIGILAW 595 (ALL)

Vipin Yadav v. State of U. P.

2021-06-30

NEERAJ TIWARI

body2021
ORDER : 1. Heard learned counsel for the applicant and learned A.G.A. for the State through Video Conferencing. 2. The present application has been filed challenging the order dated 21.10.2020 passed by Special Judge, SC/ST Act, Fatehpur in Special Trial No. 56 of 2013 (State vs. Vipin Kumar) arising out of Case Crime No. 32 of 2013, under Sections 306, 366, 504, 506 I.P.C. and 3(2) V SC/ST Act, Police Station Hathgaon, District Fatehpur. 3. It is submitted by learned counsel for the applicant that he had moved application dated 21.10.2020 before the trial court for summoning PW-8 for his further cross-examination, which was rejected by the court below. It is next submitted that proposed question is pertaining to availability of recovery report of alleged mobile phone on the basis of which F.I.R. was lodged. 4. Learned A.G.A. opposed the submissions made by learned counsel for the applicant and submitted that testimony of PW-8 has already been recorded on 06.09.2017 and with intention to delay the proceeding, application dated 21.10.2020 has been filed. 5. I have considered the submissions made by learned counsel for the parties and perused the record. The impugned order dated 21.10.2020 passed by Special Judge, SC/ST Act, Fatehpur is well reasoned order. C.D.R. pertaining to mobile in question is available on record and earlier counsel for the applicant was given ample opportunity for cross- examination of PW-8, therefore, there is no occasion to permit the applicant for further cross-examination of PW-8. 6. Therefore, I found no illegality or perversity in the impugned order. The application lacks merit and is accordingly dismissed. No order as to costs.