MANOJ KUMAR MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND ANOTHER
A482/7276/2025 · 2025-09-11
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161827 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161827 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7276 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Heard Dr. Gyan Singh, learned counsel for the applicant and learned AGA for the State. By the impugned order the application under Section 311 Cr.P.C. tendered by the applicant for summoning of P.W. 1 and 2 has been declined. The applicant did not have the means to engage a counsel of his choice. He was provided the services of an amicus curiae by the learned court below. However, during the course of time when the applicant had sufficient means he engaged a new counsel of his choice. During the course of the trial after the engagement of the counsel it transpired that certain relevant questions pertaining to the fire in the house had not been posed to the witnesses during the course of examination. The aforesaid questions are central to the defence of the applicant and also to enable the learned trial court to come to the truth of the matter. The powers under Section 311 Cr.P.C. are wide enough to prevent any miscarriage of justice and also to ensure that nothing but the truth is established before the Court. These aspects were neglected from consideration by the learned trial court. The trial is on foot and the prosecution evidence is still being tendered. No inordinate delay has been caused by the applicant in the trial. The applicant has always cooperated in the trial Versus Counsel for Applicant(s) : Gyan Singh Counsel for Opposite Party(s) : G.A. Manoj Kumar Mishra .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home And Another .....Opposite Party(s)
proceedings. The impugned order dated 04.06.2025 passed by the learned trial court is quashed. The learned trial court shall summon the witnesses mentioned in the application under Section 311 Cr.P.C. The applicant shall cooperate with the trial proceedings and is restrained from adopting dilatory tactics. The witnesses shall be examined on the same day by the applicant when they appear before the trial court. The trial court shall ensure that the process is completed within two months. In this wake, the Application U/S 482 is allowed. September 11, 2025 Vandit A482 No. 7276 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad, Lucknow Bench