VISHNU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/4446/2025 · 2025-07-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141921 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141921 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39806 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4446 of 2025 Applicant :- Vishnu And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vivek Kumar Pandey,Neeraj Kumar Baghel Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vivek Kumar Pandey, the learned counsel for the applicants as well as Sri Diwaker Singh, the learned A.G.A.
2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the order dated 15.02.2025 passed by the Ld. third District and Sessions Judge, Bahraich in Session Trial No.340 of 2007 arising out of Crime No.120 of 1994 under Sections 308, 325 IPC at P.S.- Rupiadiha, District- Bahraich whereby the application filed by the applicants under Section 311 Cr.P.C. for recall of PW-3 to enable the applicants to cross-examine him, has been rejected.
3. The trial Court has stated in the impugned order that the examination-in-chief of PW-3 was conducted on 11.05.2022 but the defense did not cross-examine him and the opportunity of cross-examination was closed. The application under Section 311 Cr.P.C. seeking opportunity to cross-examine PW-3 was filed on 17.12.2024. It is a two sentence application stating that the examination-in-chief of PW-3 was conducted on 11.05.2022 but the defense could cross-examined him and the opportunity to cross-examine him was closed. The application further states that in the interest of justice cross-examination of PW-3 is necessary.
4. The application does not contain any averment explaining the reason why the learned counsel for the applicant could not
cross-examine PW-3 on 11.05.2024 and why he could not file an application under Section 311 Cr.P.C. promptly and what was the reason for the delay of more than one and a half year in filing the application under Section 311 Cr.P.C.
5. In these circumstances, the trial Court has not committed any error or illegality in passing the order dated 15.02.2025 rejecting the application under Section 311 Cr.P.C.
6. The application lacks merit and the same is hereby dismissed. . (Subhash Vidyarthi,J.) Order Date :- 11.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench