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2025 DAILYLAW 13736 (ALL)

RAM MANOHAR SINGH SENGAR v. STATE OF U.P. AND ANOTHER

A227/1065/2025 · 2025-05-12

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77912 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 1065 of 2025 Petitioner :- Ram Manohar Singh Sengar Respondent :- State of U.P. and Another Counsel for Petitioner :- Anshul Kumar Singhal,Balbeer Singh Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with the following prayers: "(i) Set aside the order dated 24.10.2024 passed by Additional Chief Judicial Magistrate, Court No. 10, District Agra in Complaint Case No. 2865 of 2014 (Bhupendra Singh vs. Ram Manohar Singh Sengar) (Annexure No. 1 to this Petition) (ii) Set aside the order dated 15.01.2025 passed by Special Judge, POCSO Act/Additional District and Sessions Judge, Court No. 28, Agra in Criminal Revision No. 936 of 2024 (Ram Manohar Singh Sengar vs. State of U.P. and another) (Annexure No. 2 to this Petition) (iii) Allow the application under Section 311 Cr.P.C. moved by the petitioner and direct the court below to recall P.W.-1 and other witnesses for cross- examination by the petitioner." It has been submitted by learned counsel for the petitioner that the petitioner being the accused had cross-examined the three prosecution witnesses but due to his non-appearance on a particular date he could not cross-examine PW-4 and the opportunity to cross-examine the prosecution witness was closed by the trial court. It has also been submitted that by the same order by which the opportunity was closed a NBW was also issued against the petitioner which was recalled vide order dated 24.7.2024 but no opportunity of cross examination has been given to the petitioner. Considering the aforesaid facts, in case, the petitioner deposits the legal expense of Rs. 15,000/- within 15 days before the Trial Court payable to PW-4, the Court shall fix the date for the cross examination of PW-4 within a period of three weeks from the date of production of a certified copy of this order. Accordingly, the order dated 24.10.2024 passed by Additional Chief Judicial Magistrate, Court No. 10, District Agra in Complaint Case No. 2865 of 2014 and the order dated 15.01.2025 passed by Special Judge, POCSO Act/Additional District and Sessions Judge, Court No. 28, Agra in Criminal Revision No. 936 of 2024 are hereby set aside and directing the court concerned to give the required opportunity as aforesaid. With the aforesaid direction, the writ petition is allowed. Order Date :- 13.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad