RAJ KISHOR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
A482/6231/2025 · 2025-07-31
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154972 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154972 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44213 Court No. - 12 Case :- APPLICATION U/S 482 No. - 6231 of 2025 Applicant :- Raj Kishor Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Vaibhav Singh,Girija Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard, Shri Girija Shankar Tripathi, learned counsel for the applicant and learned A.G.A. The sole argument advanced by learned counsel for the applicant on the basis of prayer made in this application filed under Section 482 Cr.P.C. is that a court witness has been called by the court, but he has not been afforded the opportunity to cross examine the witness, therefore, the applicant moved an application on the same date i.e. 25.06.2025 for declaring the witness as hostile and affording opportunity of cross examination, but the court has declined to entertain the application, which could not have been done. Learned A.G.A. submits that no prayer can be made for declaring the court witness as hostile, however in case any application is moved by any person for cross examination or with any prayer, the court cannot refuse to entertain the application. However the same may be disposed of by the concerned court in accordance with law. In view of above, the application is disposed of with liberty to the applicant to move the application, contained in annexure no.8, before the concerned court. It is needless to say that if any application is moved by any party the court cannot refuse to entertain the same. However that can be dealt with and decided by the court concerned in accordance with law. . ............................................(Rajnish Kumar,J.) Order Date :- 31.7.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench