RAJENDRA PRASAD AND ANOTHER v. STATE OF U.P. AND ANOTHER
A227/1727/2025 · 2025-02-27
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18263 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18263 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28833 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1727 of 2025 Petitioner :- Rajendra Prasad And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Sunit Kumar,Yatish Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Yatish Kumar Dwivedi, learned counsel for the petitioners and learned AGA for the State. 2. The instant petition has been preferred for challenging order dated 13.05.2024 passed by learned Judicial Magistrate, Jalaun, District Jalaun in Case No. 461 of 1993 (State vs. Rajendra Prasad and another) arising out of Case Crime no. 76 of 1993 under sections 452, 323, 504 I.P.C., Police Station-Gohan, District- Jalaun. 3. Vide order dated 13.05.2024, application preferred at the behest of respondent no. 2 has been allowed under Section 311 Cr.P.C. through which respondent no. 2 being the informant has been provided another opportunity for examining herself, since the earlier statement recorded before learned court concerned was under coercion and pressure created by the petitioners and in the interest of justice, respondent no. 2 being the informant proposed for her examination a fresh so that the trial may be concluded in the light of the real facts which were not produced by the respondent no. 2 under heavy pressure of the petitioners. 4. Application preferred by the respondent no. 2 under Section 311 Cr.P.C. has been allowed. Being aggrieved with the same, petitioners preferred Criminal Revision No. 81 of 2024 (Rajendra Prasad and another Vs. State of U.P. and another), but the same was also dismissed vide order dated 16.07.2024 by way of confirming order dated 13.05.2024. 5. There is nothing in the record available to which it may be transpired that what happened after 16.07.2024, but learned counsel for the petitioners submitted that the matter is still pending there after 16.07.2024. 6. Be that as it may, learned court concerned is hereby directed to fix a particular date by way of intimating all concerns for examination of petitioners in pursuance to order dated 13.05.2024. However, it is made clear that only one date is hereby permitted for examination of petitioners/informant and the same shall be intimated to petitioners also, so that the entire exercised of examination shall be concluded if possible within the same date, in case it is needed that one more time be provided to respondent no.
2, the matter shall be listed on the very next date, so that opportunity availed in pursuance to Section 311 Cr.P.C. be completed within shortest span of time. However, it is also made clear that on the date which will be fixed by learned court concerned, no unnecessary adjournment shall be extended to either of the parties. 7. The instant petition is hereby disposed of accordingly. Order Date :- 28.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad