The High Court dismissed the criminal revision assailing the rejection of the Section 313 Cr.P.C. examination application. The court held that seeking re-examination under Section 311 Cr.P.C. after witnesses had already been examined constituted gross misuse of procedure.
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Court No. - 65
Case :- CRIMINAL REVISION No. - 1255 of 2022
Revisionist :- Moola @ Moolvir And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Hemant Sharma, learned counsel for the revisionist and learned AGA for the State.
The present revision is being filed assailing the legality and validity of the order dated 22.03.2022 passed by Additional District & Sessions Judge, Court No.9, Bulandshahar by which the the application under Section 313 has been rejected.
Learned counsel for the revisionist submitted that he wants to re-examine the PW-1 Omveer Singh and PW-2 Dharamvir Singh.
From the record, it is clear that PW-1 Omveer Singh and PW02 Dharamvir Singh were re-examined under Section 311 Cr.P.C. at the earlier stage. Filing the successive and repeated 311 Cr.P.C. application is gross misuse of procedure of law.
The present revision lacks merit and accordingly dismissed.
Order Date :- 6.4.2022 Abhishek Sri.
Digitally signed by ABHISHEK RANJAN SRIVASTAVA Date: 2022.04.11 11:33:24 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the rejection of the application for examination of witnesses under Section 313 Cr.P.C. should be revisited.
2 provisions across 1 enactments
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
