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2025 DAILYLAW 89678 (ALL)

SURENDRA SINGH v. STATE OF U.P. AND ANOTHER

CRLR/4822/2025 · 2025-10-07

Abdul Shahid

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4822 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionist, Sri Arvind Prabodh Dubey, learned counsel appearing on behalf of opposite party No.2 and learned AGA for the State. Perused the impugned order dated 4.8.2025. 2. The instant criminal revision has been preferred against the judgment and order dated 4.8.2025 passed by Additional Session Judge-III, Gorakhpur in S.T. No.49 of 2016 (State vs. Surendra Singh) under Sections 364, 120-B, 201 IPC, Police Station-Campierganj, District- Gorakhpur, whereby the trial court has rejected the application under Section 311 Cr.P.C. moved by the revisionist to recall the witnesses PW-1 (Sudhir Pratap Singh) and PW-2 (Raj Pratap Maurya) for cross examination. 3. On bare perusal of the record, it appears that the present session trial is related with the Sections 364, 120-B, 201 IPC, which is pending since 2016. The statement of PW-1 (Sudhir Pratap Singh) and statement of PW- 2 Raj Pratap Maurya have been recorded, but the examination could not be completed due to one reason or the another. It is seriously opposed by learned counsel for the opposite party No.2 as well as learned AGA for the State, whereas in all the circumstances, an opportunity of the cross- examination has to be provided. 4. Hence, the impugned order dated 4.8.2025 is hereby set aside and the revision is allowed. Versus Counsel for Revisionist(s) : Mukesh Kumar Pandey Counsel for Opposite Party(s) : Arvind Prabodh Dubey, G.A. Surendra Singh .....Revisionist(s) State Of U.P. And Another .....Opposite Party(s) 5. The opportunity of cross-examination shall be provided to PW-1 (Sudhir Pratap Singh) and PW-2 (Raj Pratap Maurya). It is hereby directed that both the witnesses shall be present before the court-below at the time of cross-examination on the date fixed, failing which or filing any adjournment application that shall not be allowed less than a cost of Rs.10,000/-. The cost shall be deposited in District Legal Services Authority, Gorakhpur. October 8, 2025 LN Tripathi CRLR No. 4822 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad