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2025 DAILYLAW 100267 (ALL)

YASHEEN AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/33391/2024 · 2025-01-06

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5584 Court No. - 71 Case :- APPLICATION U/S 482 No. - 33391 of 2024 Applicant :- Yasheen And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar,Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Yakub Ali Hon'ble Rajeev Misra,J. 1. Heard Mr. Rakesh Kumar Srivastava, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. Applicants-Yasheen and Hirdesh Nagar who are charge sheeted accused have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer: "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the order dated 15.2.2024 passed by Additional Session Judge, Court No.6, Ghaziabad in S.T. No.213/2018 (State Vs. Hirdesh Nagar and others) under Section 302, 120B I.P.C., Police Station Link Road, District Ghaziabad and also directed to the court concern to give the opportunity to the applicants for cross examination of the witnesses i.e. P.W.-9, P.W.-10 and P.W.-13 in the interest of justice. It is further prayed to stay the the further proceedings of the abvovemention case, during pendency of the application, and/or pass such other and further suitable order or direction in this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. has raised preliminary objection by submitting that the application dated 23.10.2023 filed by accused-applicants under Section 311 Cr.P.C. copy of which has been brought on record as Annexure No.3 to the affidavit, there is no detail of the questions that were desired to be put to the witnesses i.e. P.W.-9 and P.W.-10. Since the proposed question have not been mentioned therefore the relevance of same has also not been mentioned. He therefore, contents that in view of aforesaid lacuna the law laid down by the Apex Court in the Case of Raja Ram Prasad Yadav Vs. State of Bihar and Another (2013) 14 SCC 461 stands clearly attached. As such no illegality has been committed by court below in passing the order impugned. In view of above no interference is warranted by this Court in present application. 5. When confronted with above, the learned counsel for applicants could not overcome the same. 6. Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by learned A.G.A. in opposition to this application is not only clearly borne out from the record but further more the same could not be dislodged by the learned counsel for applicants, with reference to the record at this stage. As such, no good ground exists to entertain the present application. 7. In view of above, this application fails and is liable to be dismissed. 8. It is accordingly dismissed. Order Date :- 6.1.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad