AHC quashed the trial court’s order rejecting an application for recalling the victim to cross-examine. The court allowed the cross-examination within 10 days despite the victim already being cross-examined.
Impugned order dated 11.4.2023 under Section 311 CrPC quashed; opportunity granted to cross-examine victim within ten days from 11.9.2023.
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Neutral Citation No. - 2023:AHC:171070
Court No. - 90
Case :- APPLICATION U/S 482 No. - 20073 of 2023
Applicant :- Amit Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.,Mukti Nath Dwivedi
Hon'ble Dinesh Pathak,J.
objection, has rejected the application under Section 311 CrPC (paper 11 Kha), vide order dated 11.4.2023, which is under challenge before this Court.
been indicted, affording one more opportunity to the present applicant wouldn't unduly prolong the litigation. Moreover, it would provide satisfaction to the present applicant of being afforded a chance for a fair trial, which is a legal right of an accused.
Order Date :- 24.8.2023 vinay
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court in exercise of inherent jurisdiction under Section 482 CrPC can recall the trial court\'s order rejecting re-examination of the victim under Section 311 CrPC.
Whether the applicant is entitled to an opportunity to cross-examine the victim despite the deposition being completed to prove his innocence.
2 provisions across 1 enactments
Amit Gupta
State Of U.P.
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
