Single judge dismissed application under section 482 Cr.P.C. seeking quashing of Special Judge's order rejecting section 233 application. Court directed applicant to file fresh application before courts below for merits disposal.
Directed applicant to file application before the Special Judge; case to be heard on merits within a month.
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Court No. - 85
Case :- APPLICATION U/S 482 No. - 16582 of 2021
Applicant :- Raju Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Chaudhary,Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This application has been filed with a prayer to quash the order dated 26.2.2021 passed by learned Special Judge/Addl. District and Sessions Judge, Court No. 2, Auraiya in S.T. No. 235 of 2016, case rime No. 165 of 2012, under section 147, 323, 504, 506, 436 IPC and section 7 Crl. law Amendment Act, P.S. Bidhuna, District Auraiya (State VS. Siraj Ali.
It is contended by learned counsel for the applicant that applicant made an application under section 233 Cr.P.C. before the Addl.Sessions Judge, Auraiya and prayed that the application No. 85 (Kha) in the designated witness Medical Officer may be called for as a witness, but learned Judge has passed an illegal order.
Considering the facts and circumstances of the case, it is directed that applicant may file an application before the court below in this regard, the same shall be heard and disposed of on merits of the case after hearing the learned counsel for the applicant within a month.
Accordingly, this application is disposed of.
Order Date :- 24.9.2021 RPD
2 issues framed by the court
Whether to quash the order dated 26.2.2021 passed by Special Judge regarding the rejection of an application under section 233 Cr.P.C.
Whether to direct the Special Judge to hear the application on merits within a month.
4 provisions across 3 enactments
Raju Ali
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
