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2025 DAILYLAW 17749 (ALL)

JYOTI NISHAD v. STATE OF U.P. AND ANOTHER

NA528/7632/2025 · 2025-03-06

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33513 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7632 of 2025 Applicant :- Jyoti Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kumar Sahu,Brijesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Ankit Kumar Sahu, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant who is first informant has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer: "It, is therefore most respectfully prayed that this Hon 'ble Court may graciously be pleased to allow this application to set aside the order dated 17.08.2024 passed by Learned Additional Sessions Judge/FTC, Court No.2, Allahabad, in Session Trial No.14 of 2022 (State Vs. Ram Chandra Bind), arising out of Case crime No.223 of 2019, U/s 376 I.P.C. at P.S. Mutthiganj, District-Prayagraj, pending in the court of Learned Additional Sessions Judge/FTC, Court No. 2, Allahabad. It is further prayed that this Hon'ble Court may kindly be pleased to direct to the Learned Additional Sessions Judge/FTC Allahabad to consider the letter dated 21.07.2015 to be given by opposite party no.2 to applicant about promise to marriage to be read in evidence in Session Trial No.14 of 2022 (State Vs. Ram Chandra Bind), arising out of Case crime No.223 of 2019 U/s 376 I.P.C. at P.S. Mutthiganj, District- Prayagraj, otherwise applicant shall suffer and irreparable loss and injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise applicants shall suffer irreparable loss and injury." Record shows that during pendency of aforesaid Sessions Trial, applicant filed an application under section 91 Cr.P.C. praying therein that the particular document which is in possession of opposite party-2 be summoned. Court below by means of order dated 17.8.2024 has rejected the said application on the finding that an accused cannot be compelled to give evidence against his ownself. Thus feeling aggrieved by above order, applicant has approached this Court by means of present application under section 482 Cr.P.C. Learned counsel for applicant argued at length and submits that order impugned is wholly illegal. However, he could not dislodge the findings recorded in the impugned order as being illegal and perverse. It is well settled that if the findings cannot be dislodged, the conclusion cannot be altered. In view of above, no occasion arises before this Court to entertain the present application. As a result this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 7.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad