SATYA NARAYAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6148/2025 · 2025-07-31
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154356 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154356 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44446 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6148 of 2025 Applicant :- Satya Narayan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. Heard Sri Ramakar Shukla, learned counsel for the applicant and Sri Awashesh Kumar Singh, learned AGA for the State and perused the record. By means of instant application under Section 482 CrPC, the applicant has challenged the order dated 27.06.2025 passed by the learned Additional Sessions Judge, Court NO.1, Sultanpur in Sessions Trial No. 28/2014, arising out of Case Crime No. 304/2013 under Section 302 IPC, P.S.-Baldirai, District- Sultanpur, whereby the applicant's application under Section 311 CrPC has been rejected. The application has been filed under Section 311 CrPC for re- examination of PW-2 and PW-3 merely this much stating that some important questions were omitted from being asked from PW-2 and PW-3, who are son and brother of the deceased respectively, therefore, they should be called again for further cross-examination. While rejecting the application aforesaid, trial Court has held in its order dated 27.06.2025 that the matter is pending since the year 2014 and prosecution has examined six witnesses. The examination-in-chief of PW-2 was conducted on 09.03.2018 his cross-examination was conducted on 09.08.2018. Examination- in-chief of PW-3 was recorded on 09.12.2019 and his cross- examination was recorded on 14.01.2020 and 17.02.2021, thereafter PW-4, PW-5 and PW-6 have been examined. After almost six years since examination of PW-2 and PW-3, the application under Section 311 CrPC has been filed merely stating that some important questions have been omitted from being asked without specifying the questions. Having gone through the application under Section 311 CrPC and the impugned order dated 27.06.2025, I find myself in complete agreement with the reasons assigned by the trial Court
in the impugned order dated 27.06.2025. In absence of any error or illegality in the impugned order dated 27.06.2025, this Court does not find any good ground to entertain the application under Section 482 CrPC. Accordingly, the application is dismissed. Order Date :- 31.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench