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2025 DAILYLAW 108317 (ALL)

YASHWANT YADAV v. STATE OF U.P. AND 6 OTHERS

NA528/41801/2024 · 2025-04-27

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65631 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 41801 of 2024 Applicant :- Yashwant Yadav Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Ram Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ram Chandra Yadav, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A. for the State. 2. The instant application has been filed to direct the opposite party No.2 to re-investigate the matter of Case Crime No. 186 of 2024, under Sections 498A, 304B IPC and 3/4 D.P. Act, P.S. Rani Ki Sarai, District Azamgarh within stipulated period. 3. Learned counsel for the applicant submits that the charge sheet has been filed against co-accused persons under Sections 498A, 304B IPC and 3/4 D.P. Act, however, the police have exonerated opposite party Nos. 4 to 7, despite sufficient evidence on record. 4. This Court is of the view that if there is essential material which has been ignored by the police, then applicant can move application before the trial court for further investigation or if there is sufficient material during trial against opposite party Nos. 4 to 7, then the applicant can move an application u/s 319 Cr.P.C. to summon them. 5. Therefore, at this stage, no case for re-investigation is made out. Accordingly, the application is dismissed with the aforesaid observation. Order Date :- 28.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad