The High Court in a criminal revision dismissed the challenge to the trial court's rejection of a Section 311 Cr.P.C. application, holding that a mere change of counsel does not provide grounds for such an application and found no sufficient reason to interfere.
The criminal revision was dismissed.
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Court No. - 67
Case :- CRIMINAL REVISION No. - 1468 of 2022 Revisionist :- Swarnalata And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dev Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Dev Prakash Singh, learned counsel for the revisionists, learned AGA for the State and perused the record.
This criminal revision has been preferred assailing the legality and validity of the order dated 14.3.2022 whereby the application of the revisionists No. 48-Kha under Section 311 Cr.P.C. was rejected by learned trial court.
I have perused the order and only on the ground of change of counsel would not give or right to move an application under Section 311 Cr.P.C.
I do not find any good ground to interfere in the order impugned and it is accordingly dismissed.
It is expected from the learned trial court to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to either of the parties.
Order Date :- 21.4.2022 Arif
Digitally signed by MOHAMMAD ARIF Date: 2022.04.27 12:12:40 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 311 Cr.P.C. which was rejected is maintainable solely on a change of counsel.
Whether the High Court should interfere with the trial court order rejecting the application under Section 311 Cr.P.C.
1 provisions across 1 enactments
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
