RAM VIJAY v. STATE OF U.P. THRU. THE PRIN. SECY. HOME CIVIL SECTT. LKO. AND 3 OTHERS
/563/2025 · 2025-01-27
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119228 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119228 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5119 Court No. - 12 Case :- APPLICATION U/S 482 No. - 563 of 2025 Applicant :- Ram Vijay Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Civil Sectt. Lko. And 3 Others Counsel for Applicant :- Upendra Prakash Pathak Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Short counter affidavit on behalf of the opposite party No. 2 and application for impeadment filed in the Court today are taken on record. Heard. Taking note of the facts of the case, this Court feels it appropriate to allow the impleadment application seeking impleadment of the victim of the case in the instant application. Accordingly, the impleadment application is allowed.
Learned counsel for the applicant is permitted to impead the victim of the case in the array of the parties during the course of the day. The instant application has been filed seeking following main reliefs:-
"It is further prayed that this Hon'ble Court may kindly be pleased to set aside the impugned order dated 21.11.2024 passed by Learned Additional District & Sessions Judge/ Special Judge (P.O.C.S.O. Act) Second, Ayodhya (Faizabad) on the application filed under section 311 on 08.08.2024 for Recall of the Prosecution Witness No. 1 in Sessions Trial no. 92/2019 pursuant to Case Crime No. 139/2019 initially Lodged under section 363,366, I.P.C. & subsequently converted into section 363, 366, 376(3) I.P.C. & 3/4 P.O.C.S.O. Act Police Station- Patranga, District.- Ayodhya (Faizabad) in "State of U.P. Vs. Ram Vijay" by which the Learned Trial Court has rejected the application for summoning the prosecution witness no.1 for re- examination, after summoning the Lower Court record and direct to consider the application filed under section 311 Cr.P.C. in the interest of justice. It is further prayed this Hon'ble Court may graciously be pleased to stay the proceeding of the Sessions Trial no. 92/2019 pending in the court of Learned Additional District/Sessions Judge/Special Judge (P.O.C.S.O.Act) Second, Ayodhya (Faizabad) till the pendency of this case before this Hon'ble Court in the interest of justice." After arguing the matter at some length, learned counsel for the applicant submitted that he does not want to press to this application and it may accordingly be dismissed as withdrawn. The aforesaid has not been opposed. In view of the above, the instant application U/S 482 Cr.P.C. is dismissed as withdrawn.
Order Date :- 27.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench