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Neutral Citation No. - 2025:AHC:49605 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 4788 of 2025 Applicant :- Sunil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Sri Virendra Singh, learned counsel for the applicant, Sri P.K. Singh, learned Brief Holder for the State and perused the record. 2. The the petitioner has preferred present application challenging an order dated 04.01.2025 passed by the Additional Sessions Judge, Anoopshahr, Bulandshahr in Session Case No. 2995 of 2023 (Session Case no. 15 of 2020), State v. Sunil Kumar, arising out of Case Crime No. 144 of 2020, under Sections 323, 325, 304, 452, 504, 506 IPC, P.S. Dibai, District Bulandshahr, by which his application for recalling defence witnesses Dr. Hemant Giri and Dr. Nirmal Singh, has been rejected. 3. Learned counsel for the applicant submits that the order impugned has been passed in an wholly arbitrary and illegal manner without application of judicial mind. The applicant was injured, he wanted to put some specific questions to Dr. Hemant Giri and Dr. Nirmal Singh, defence witnesses in the aforesaid trial as it was relevant for proper adjudication of the matter, but the application has been rejected, therefore, the order dated 04.01.2025 may be set aside and the prayer for recalling the doctors, mentioned above, may be allowed. 4. Learned A.G.A., on the other hand, submits that there is no
illegality or infirmity in the order impugned as the application for recalling the witnesses was moved on 04.01.2025 after recording the statements of the applicant before the trial court under Section 313 Cr.P.C. on 11.12.2024. Thus, it alludes that in order to delay the trial and unnecessary harassing the doctors and various other persons, the application has been moved by the applicant. Even otherwise, no questions have been mentioned which need to be answered by the concerned doctor who have already been examined and proved the documents regarding injuries as caused to Sunil Kumar – the applicant as Pradarsh क-7. 5. Having considered the submissions advanced by learned counsel for the applicant and perusal of the record, I do not find any ground to entertain the applicant's grievance being sought for by means of present application. 6. The present application stands rejected.
Order Date :- 7.4.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad