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2025 DAILYLAW 104153 (ALL)

VIKAS SINGH v. STATE OF U.P. AND ANOTHER

A482/36326/2024 · 2025-01-07

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:2905 Court No. - 71 Case :- APPLICATION U/S 482 No. - 36326 of 2024 Applicant :- Vikas Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shyam Shanker Pandey, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Vikas Singh, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. challenging the order dated 26.09.2024 passed by Additional District and Session Judge/Special Judge, POCSO Act, Jaunpur in Sessions Trial No. 182 of 2023 (State Vs. Vikas Singh) under Sections 376, 504 I.P.C. and 5L/6 POCSO Act, Police Station Line Bazar, District Jaunpur, whereby, the application dated 31.08.2024 filed by accused applicant under Section 311 Cr.P.C. has been rejected. 4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that the application under Section 311 Cr.P.C. dated 31.08.2024 filed by accused-applicant will go to show that questions proposed to be put to the witnesses have not been detailed in the application. Referring to the judgment of Supreme Court in Raja Ram Prasad Yadav Vs. State of Bihar and Another (2013) 14 SCC 461, the learned A.G.A. thus submits that the observations made by the Court therein stand clearly attracted. As such, no illegality has been committed by Court below in rejecting the application under Section 311 Cr.P.C. filed by accused applicant. In view of above, no interference is warranted by this Court in present application. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record and further the same could not be dislodged by the learned counsel for applicant. As such, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 7.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad