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2025 DAILYLAW 109700 (ALL)

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

A482/41815/2024 · 2025-01-23

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11858 Court No. - 71 Case :- APPLICATION U/S 482 No. - 41815 of 2024 Applicant :- Jitendra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Vardhan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Prashant Vardhan, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. Applicants-Jitendra Singh And Another, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C., challenging the order dated 20.11.2024 passed by Special Judge,( S.C./S.T) Azamgarh, in Special Trial No.706 of 2014 (State Vs. Rohit and others) arising out of Case Crime No. 64 of 2014, under Section 302 I.P.C. and 3(2)(V) S.C./S.T. Act, Police Station Mehnazpur, District Azamgarh, whereby, application dated 20.11.2024 under Section 311 Cr.P.C. filed by accused applicants before Court below has been rejected. 4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that statements of the accused applicants under Section 313 Cr.P.C. has already been recorded and the trial is at the stage of hearing. It is then contended by the learned A.G.A. that witnesses proposed to be recalled namely Hari Lal is a witnesses of Inquest (Panchayatnama). The Inquest report (Panchayatnama) has already been produced and proved in evidence. Accordingly, it has been exhibited. Therefore, no useful purpose shall be served in recalling the proposed witness Hari Lal. On the above premise, the learned A.G.A. submits that no illegality has been committed by Court below in rejecting the application under Section 311 Cr.P.C. filed by applicants. As such, 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 objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but furthermore 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 :- 23.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad