In this brief application under Section 482 Cr.P.C., the High Court of Judicature at Allahabad dismissed the challenge to an order by the Special Judge (SC & ST Act) rejecting the applicant's request for re-examination of prosecution witness PW 1 Pan Singh.
The application was dismissed with no further relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 65
Case :- APPLICATION U/S 482 No. - 38169 of 2022
Applicant :- Bablu Opposite Party :- State Of U.P And Another Counsel for Applicant :- Indra Kumar Singh,Beerendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
By means of this application, the applicant has challenged the order dated 03.11.2022 passed by learned Special Judge (SC & ST Act), Etah in Sessions Trial No. 394 of 2013 (State Vs. Bablu), arising out of Case Crime No. 121 of 2013, under Sections 302, 109 IPC and Section 3 (2) (V) of SC & ST Act, P.S. Aliganj, District Etah, by which applicant's application for re-examination of PW 1 Pan Singh has been rejected.
Perusal of the record shows that PW 1 Pan Singh, first informant has already been examined as a prosecution witness and has also been cross-examined at length by the applicant, as such there is no reason to summon the first informant to be examined as a defence witness.
The impugned order dated 03.11.2022 is just, proper and legal and do not call for any interference by this Court.
The present application under Section 482 Cr.P.C. is devoid of merits and is accordingly dismissed.
Order Date :- 17.1.2023 Subham
Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the order rejecting the application for re-examination of PW 1 Pan Singh requires interference by this Court.
Whether the applicant is entitled to summon the first informant as a defence witness.
1 provisions across 1 enactments
Bablu
State Of U.P
Rajiv Gupta
Subham
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
