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Neutral Citation No. - 2025:AHC:34881 Court No. - 71 Case :- APPLICATION U/S 482 No. - 32960 of 2024 Applicant :- Hukum Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- Raj Kumar Khanna, Sandal Khanna,G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Madan Singh, the learned counsel for applicant, the learned A.G.A. for State and Mr. Raj Kumar Khanna, the learned counsel representing first informant-opposite party-2. 2. Perused the record. 3. Applicant- Hukum Singh, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 23.04.2024 passed by Special Judge/ Pasco Act Court No. 2 Moradabad in S.C. No. 1011/2021 in Case Crime No. 93/2021 U/s 363, 376 IPC and 3/4 Pasco Act 2012, Police Station Majhola District Moradabad. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of S.C. No. 1011/2021 in Case Crime No. 93/2021 U/s 363, 376 IPC and 3/4 Pasco Act 2012, Police Station Majhola District Moradabad, during the pendency of present application before this Hon'ble Court. And/ or pass such other and further order as this Hon'ble Court may deems fit and proper under the facts and circumstances of the case otherwise the applicant shall suffer an irreparable loss any injury."
4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that an application to bring on record certain documents was filed by the accused before trial Court which has been rejected. It is further submitted by the learned A.G.A. that trial is still at the stage of prosecution evidence. He
therefore, contends that in view of above, proper course for accused applicant was to file an application seeking deferment of the examination-in-chief of the witness with the prayer that he shall be cross-examined on behalf of accused applicant after the documents desired to be brought on record have been filed when the trial reaches at the stage of defence evidence under Section 243 Cr.P.C. As such, no illegality has been committed by Court below in passing the impugned order. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6.
Having heard the learned counsel for applicant, the learned A.G.A. for State, the learned counsel representing first informant/opposite party-2 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record at this stage. In view of above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. 9. It is however provided that documents sought to be brought on record by means of application dated 23.04.2024 shall be permitted by the trial Court to be filed by the accused applicant at the stage of defence evidence i.e. Section 243 Cr.P.C. After the said documents are taken on record the accused-applicant shall be granted an opportunity to cross-examine the witnesses with regard to the said document as per the mandate of Section 243 Cr.P.C. Order Date :- 5.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad