In Criminal Revision No. 808 of 2018, the Hon'ble Court dismissed the revision filed by Ram Shanker challenging an order dated 3.2.2018. The Court held that existing lacunae cannot be filled under section 311 Cr.P.C. and the revision was devoid of merit.
The revision is dismissed.
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Court No. - 11
Case :- CRIMINAL REVISION No. - 808 of 2018
Revisionist :- Ram Shanker Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard the learned counsel for the revisionist, learned A.G.A. for the State of U.P. and perused the record.
This revision has been filed by the revisionist with a prayer to stay the effect and operation of the impugned judgement and order dated 3.2.2018 passed by the learned Special Judge, Gangster Act, Farrukhabad in Special Sessions Trial No. 2 of 1997 (State Vs. Ved Ram and others) under section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 P.S. Nawabganj district Farrukhabad arising out of case Crime No. 146 of 1996 P.S. Nawabganj district Farrukhabad pending before the learned Additional District and Sessions Judge/ Special Judge Gangster Act, Court No. 7 Farrukhabad.
From the perusal of the impugned order, it can be inferred that P.W. 3 was cross examined by the defence side and all the relevant questions asserted in the application under section 311 Cr.P.C. were asked from P.W. No. 3. If certain lacuna remained there, that cannot be allowed to be filled by allowing the application under section 311 Cr.P.C.
The revision devoid of merit and is liable to be dismissed.
Accordingly, it is dismissed.
Order Date :- 20.3.2018 N.A.
1 issue framed by the court
Whether the application under section 311 Cr.P.C. prayed for to fill lacunae should be allowed.
2 provisions across 2 enactments
State Of U.P.
Abhai Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
