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2025 DAILYLAW 14733 (ALL)

SANTOSH KUMAR OJHA v. STATE OF U.P. AND ANOTHER

A482/34423/2017 · 2025-08-20

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144411 Court No. - 64 Case :- APPLICATION U/S 482 No. - 34423 of 2017 Applicant :- Santosh Kumar Ojha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Deo Upadhyay,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A.,Sharad Srivastava Hon'ble Samit Gopal,J. 1. List revised. 2. No one appears on behalf of the applicant to press this application even in the revised list despite the fact that there are two learned counsels appearing in the matter. Sri Sharad Srivastava, learned counsel for the opposite party no. 2 and Sri V.D. Ojha, learned A.G.A. for the State are present. 3. This application has been filed by the applicant with the prayer to quash the impugned order dated 5.9.2017 passed by Additional Sessions Judge/F.T.C. Ist, Ghazipur in Session Trial No. 374 of 2011, State vs. Shashi Kant Ojha and others, arising out of Case Crime No. 341/11, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, P.S.- Dildar Nagar, District Ghazipur whereby the learned court below has rejected the application for recalling the witness of the applicant and close the opportunity of evidence. It is further prayed that this Hon'ble Court may graciously be pleased to direct the court below to give one and last opportunity for cross examination of P.W.-8. 4. Learned counsel for the opposite party no.2 submits that trial in the matter has concluded and judgement has been pronounced and as such the present application u/s 482 Cr.P.C. has rendered infructuous. 5. Since there is no representation on behalf of the applicant and also looking to the statement made by learned counsel for the opposite party no. 2, the present application u/s 482 Cr.P.C. is dismissed as infructuous. 6. Pending application(s), if any, shall stand disposed of. 7. Registrar (Compliance) to communicate this order to the District and Sessions Judge/trial court concerned within a week. (Samit Gopal,J.) Order Date :- 21.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad