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Neutral Citation No. - 2025:AHC:22692 Court No. - 71 Case :- APPLICATION U/S 482 No. - 42390 of 2024 Applicant :- Amir And Another Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Azhar Hussain,Mohd. Razif Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Azhar Hussain, the learned counsel for applicants and the learned A.G.A. for State. Perused the record. Applicants Amir And Another, who have deposed before Court below as P.W. 3 and P.W. 4 have approached this Court by means of present application under Section 482 Cr. P. C. with the following prayer:-
"It is, therefore most respectfully prayed that this Hon'ble Court may be pleased to allow this application and quash the impugned order-dated 27.11.2024 passed by the Ld Trial Court i.e. Ld Addl. Session Judge, Court No.4/Spcl. Judge E.C. Act Agra in Session Trial No. 2388 of 2020 case crime 00249/20 u/s 147, 148, 149, 302, 307, 323, 336, 354A, 452, 504 & 506 IPC, PS Khandauli, District Agra (State Vs. Rajuddin & others) and consequently seeking direction for the trial court to summon prosecution witnesses namely "Amir (P.W-3), the injured and an eyewitness of the incident and Rajuddin (P.W-4), an eyewitness of the incident" before it so as to allow the informant to re-examine them in support of prosecution in the aforesaid trial in the interest of the justice otherwise the prosecution of the accused persons shall get seriously prejudiced. And/or to pass such other order(s) as this Hon'ble Court may deem fit & proper in the facts & circumstances of this case." At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that since the applicants do not fall in the category of the victim as defined by the Apex Court in the cases of Hukum Singh and Others Vs. State of Rajsthan, (2000) 7 SCC 590, Jagjeet Singh and Others Vs. Ashish Mishra @ Monu and Another, (2022) 9 SCC 321 and Rekha Murarka Vs. State of West Bengal and Another, (2020) 2 SCC 474. therefore, this application under Section 482 Cr. P. C. on their behalf is not
maintainable. When confronted with above, the learned counsel for applicants could not overcome the same.
Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, this Court finds that no good ground exists to interfere in the present application 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