GIRISH CHANDRA SHUKLA and OTHERS v. STATE OF U.P. and ANOTHER
A482/8283/2008 · 2025-12-02
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DailyLaw.ai
[ 2025 DAILYLAW 171383 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171383 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 27 Case :- APPLICATION U/S 482 No. - 8283 of 2008 Applicant :- Girish Chandra Shukla And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Upadhyay,Ram Akbal Upadhyay Counsel for Opposite Party :- Govt. Advocate Hon'ble Deepak Verma,J. List revised. None appears to press this application. Learned AGA for the State is present. This is an application filed under Section 482 Cr.P.C. It is old matter pending since 2008. The Apex Court in the case of Mohd. Allauddin Khan Vs. State of Bihar & others, 2019 (6) SCC, 107 and other has held in para No.14 as follows:-
"14. In our view, the High Court had no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code Of Criminal Procedure, 1973 (for short "Cr.P.C.") because whether there are contradictions or/and inconsistencies in the statements of the witnesses is essentially an issue relating to appreciation of evidence and the same can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties. That stage is yet to come in this case." Perused the record. It appears that by efflux of time either cause of action is no more surviving or for any other reason matter has rendered infructuous and that is why none is present to press this application. The application is accordingly, dismissed. Order Date :- 28.2.2020 SKD