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2025 DAILYLAW 30750 (ALL)

SHABLU HASAN KHAN ALIAS SHABBU HASAN KHAN v. STATE OF U.P. AND 3 OTHERS

CRLR/1222/2025 · 2025-03-18

Manjive Shukla

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:39220 Court No. - 82 Case :- CRIMINAL REVISION No. - 1222 of 2025 Revisionist :- Shablu Hasan Khan Alias Shabbu Hasan Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State. 2. The instant criminal revision has been filed challenging therein, the order dated 20.02.2025 passed by the learned Special Judge (P.O.C.S.O. Act), Pilibhit in S.S.T. No. 1268 of 2022 (State Vs. Shablu Hasan Khan) whereby, the application filed by the revisionist under Section 311 Cr.P.C. had been rejected. 3. It has been contended on behalf of the revisionist that the trial court has not considered the application filed by the revisionist under Section 311 Cr.P.C. in a proper manner and had rejected the same only for the reason that the same has been filed with the intention to delay the conclusion of the trial. 4. I have considered the arguments advanced by the learned counsel appearing for the revisionist and I have gone through the contents of the application filed by the revisionist under Section 311 Cr.P.C., which is available at Page No. 5 of this criminal revision. I find that the revisionist has not given any justifiable reason for summoning of the witnesses. 5. Since no justifiable reason has been given by the revisionist for summoning of the witnesses in his application filed under Section 311 Cr.P.C., therefore I do not find any illegality or infirmity in the impugned order dated 20.04.2025 passed by the trial court. 6. Accordingly, this revision lacks merits and is hereby dismissed. 7. At this stage, learned counsel appearing for the revisionist seeks permission of this Court to file a fresh application under Section 311 Cr.P.C., stating therein the reasons for summoning of P.W.1 and P.W. 2 before the trial court and prays that the said application may be considered and decided by the trial court, on its own merits. 8. In view of the aforesaid submission, it is provided that if the revisionist files any fresh application, under Section 311 Cr.P.C., stating therein the justifiable reasons for summoning of the witnesses, that application may be considered and decided on its own merits, strictly in accordance with law. Order Date :- 19.3.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad