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2025 DAILYLAW 125340 (ALL)

VINAY @ LAMBOO v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

A483/174/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13209 Court No. - 12 Case :- APPLICATION U/S 483 No. - 174 of 2025 Applicant :- Vinay @ Lamboo Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ravi Kant Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record. The instant application has been preferred seeking following main relief:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly pleased to direct the learned ASJ / FTC-I, Unnao to grant permission to re-examine the witness number 02 i.e. Roshani (Key Witness) in S.T No. 693/21 Arising out from the First Information Report (F.I.R)/Case Crime No. - 029 of 2021 under Sections 302, 307, 201 and 328 I.P.C. lodged at Police Station -Asoha, District Unnao dated 18.02.2021." The prayer sought by the applicant in the instant application preferred under Section 529 BNSS, quoted above, is completely misconceived as the application, which was preferred by the applicant/defence under Section 311 Cr.P.C. (Paper No. 24ka), before the Additional District and Sessions Judge/FTC-1, Unnao (in short 'trial court') for the purposes of examination of victim/P.W.2, who was duly cross examined by the defence on 13.07.2023 and 21.08.2023 and thereafter a new counsel was engaged by the defence, who filed his Vakalatnama before the trial court on 28.11.2023 and thereafter he cross examined P.W.4 to P.W.11, application was rejected by the trial court vide order dated 07.02.2025 and this order has not been challenged by the applicant. For the aforesaid, the present application is dismissed. Order Date :- 4.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench