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2025 DAILYLAW 192616 (ALL)

VIDYAWATI DEVI v. STATE OF U.P. AND ANOTHER

CRLR/6435/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6435 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionist and the learned AGA for the State. 2. This criminal revision has been preferred against the impugned order dated 7.8.2025, passed by the Additional Sessions Judge/Special Judge (Prevention of Corruption Act) Court No.4, Gorakhpur in Session Trial No. 2433 of 2023 (State Vs. Smt. Vidyawati Devi) arising out of case crime No. 321 of 2022, under Sections 302 , 328 IPC, Police Station Bansgaon, District Gorakhpur, whereby the application ( 20-Kha) filed by the revisionist to cross-examine PW-1-Ram Kewal has been rejected. 3. Learned counsel for the revisionist has submitted that by means of the aforesaid application (20-Kha), the revisionist seeks permission to cross- examine PW-1, Ram Kewal. The examination-in-chief of PW-1 had been deposed on 17.4.2025. Thereafter, the statement of PW-2 and PW-3 were also recorded and they have been duly cross-examined by the accused- revisionist. 4. It is settled law that the matter has to be decided on merit and not on technicalities. The principle of natural justice has to be followed. 5. In view of the interest of proper adjudication of trial, the impugned order dated 7.8.2025 is, hereby set aside. The revisionist is permitted to cross-examine the witness PW-1, Ram Kewal on the same day when he appeared before the trial court. If any adjournment is sought by the Versus Counsel for Revisionist(s) : Mohit Verma, Sachida Nand Tripathi Counsel for Opposite Party(s) : G.A. Vidyawati Devi .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) accused-revisionist, the same shall be allowed on a cost not less than Rs. 5000/ payable to the witness PW-1. 6. With these observations, this criminal revision is finally disposed of. October 29, 2025 sfa/ CRLR No. 6435 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad