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Neutral Citation No. - 2025:AHC:22516 Court No. - 71 Case :- APPLICATION U/S 482 No. - 41521 of 2024 Applicant :- Dharmendra Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaushlendra Pandey,Shyam Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Shyam Shankar Mishra, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. On the matter being taken up, the learned A.G.A raised a preliminary objection by contending that in the application dated 26.6.2024 under Section 311 Cr. P. C. filed by accused applicant before Court below to recall the prosecutrix P.W. 1 the specific questions proposed to be put up to the prosecutrix have not mentioned. Since the specific questions proposed to be put to the prosecutrix have not been mentioned, therefore no pleading regarding the relevancy of the same has been raised. In view of above, the bona fide of applicant in filing the aforementioned application cannot be considered in the light of parameters laid down by Apex Court for judging the bona fide of an application under Section 311 Cr. P. C. in the case of Raja Ram Prasad Yadav Vs. State of Bihar, 2013 14 SCC 461, cannot be examined by this Court.As such, no interference is warranted by this Court in present application. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objection raised by the learned A.G.A. in opposition to this application are duly borne out from the record and furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application.
As a result, this application fails and is liable to be dismissed. It is, accordingly, dismissed. Order Date :- 17.2.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad