Dismissed

Faiz Ahmad v. State of U.P. and Another

Allahabad HC16 Jul 2022A482/8293/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of an application under Section 482 Cr.P.C. The applicant sought quashing of an order dismissing his Section 311 application summoning a victim. The court dismissed the Section 482 petition as devoid of merit due to lack of specificity in summoning requests.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed as devoid of merit.

Faiz Ahmad Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 8293 of 2022

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Applicant :- Faiz Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raja Ullah Khan Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Raja Ullah Khan, learned counsel for the applicant and Sri Vinod Kant, learned AAG assisted by Sri Jhamman Ram, learned AGA for the State-respondent.

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By way of filing application u/s 482 Cr.P.C., the applicant prays for quashing the impugned order dated 17.12.2021 passed by Additional Sessions Judge, Court No. 42, Shahjahanpur, under Section 311 Cr.P.C. in S.T. No. 319 of 2007, under sections 363, 366, 376 IPC, P.S. Katra, District Shahjahanpur.

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Learned counsel for the applicant submitted that the applicant is an accused in the present case and he moved an application under Section 311 Cr.P.C. with a prayer that the victim PW-6 should be summoned for re-examination as in her crossexamination, some important question was remained to ask but that application was dismissed by the court below. He further submitted that while passing the impugned order, court below committed an error of law as re-examination of victim was necessary for just decision of the case.

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Per contra, learned AGA submitted that there is no illegality in the order dated 17.12.2021 as it is a reasoned order. He further submitted that as the victim has already been examined before the trial court as PW-6, therefore, she cannot be summoned on the ground that some important question could not be asked by the accused, at the time of her cross-examination, hence, there is no illegality in the impugned order.

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I have heard learned counsel for the parties and perused the record of the case.

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Record of the case shows that applicant is an accused of a case relates to Sections 363, 366 and 376 IPC and victim of the case has been examined before the trial court as PW-6 and after her examination, application was moved by applicant to recall her as during her examination, some important question could not be asked by his counsel. Application dated 13.12.2021 moved by the applicant under Section 311 Cr.P.C. also shows that it is cryptic in nature and no question was mentioned in it and in

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very casual manner it is moved with a prayer that as some question could not be asked earlier from PW-6, therefore, she should be recalled. As victim has already been examined by the trial court as PW-6 and no specific question was mentioned by opposite arty No. 2 in his application under Section 311 Cr.P.C., therefore, I find no illegality in the impugned order.

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The present application u/s 482 Cr.P.C. is devoid of merit and is, accordingly, dismissed .

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Order Date :- 16.7.2022 Ankita

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Digitally signed by ANKITA SRIVASTAVA Date: 2022.07.20 19:23:21 IST Reason: Location: High Court of Judicature at Allahabad

Faiz Ahmad v. State of U.P. and Another

Case brief

What is this about?

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Faiz Ahmad v. State of U.P. and Another

Case brief

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