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2025 DAILYLAW 102369 (ALL)

MUNNI LAL SAHU v. State of UP AND ANOTHER

A482/33455/2024 · 2025-01-15

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6463 Court No. - 75 Case :- APPLICATION U/S 482 No. - 33455 of 2024 Applicant :- Munni Lal Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kalamuddin,M. A. Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri M.A. Siddiqui, learned counsel for the applicant and Shri Alok Mishra, learned A.G.A. for the State are present. Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the order dated 26.7.2024 passed by Additional Sessions Judge, Court No. 19, District Prayagraj in Session Trial No. 2294 of 2021 (State Vs. Munni Lal Sahu) arising out of case crime No. 211 of 2021, under Section 323, 504, 506, 304, I.P.C., Police Station Sarai Mamrej, District Prayagraj, whereby the application under Section 311, Cr.P.C. to recall PW-7 and PW-8 for cross-examination has been rejected. Learned counsel for the applicants fairly admits that there is no proposed question in the application to be asked in further cross- examination. After some arguments, learned counsel for the applicants does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction along with proposed questions, if any, remains to be asked for just decision of the case. If a fresh application under Section 311, Cr.P.C. along with proposed questions to be asked from PW-7 and PW-8 is filed, the trial court may decide the same in accordance with law. Office shall return the certified copy of the order to the learned counsel for the applicant, after retaining a xerox of the same. Order Date :- 15.1.2025/T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad