The High Court in a Section 482 application dismissed the petitioner's plea for quashing an order rejecting a recall application under Section 311 Cr.P.C., holding the delay amounted to abuse of process.
The petition under S. 482 Cr.P.C. is dismissed; the triangular proceedings are concluded.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 38414 of 2022
Applicant :- Ajay Rai Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Praveen Kumar Singh,Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
Order Date :- 20.1.2023 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned order rejecting the application under Section 311 Cr.P.C. for recalling the witness P.W.-1 warrants quashing under Section 482 Cr.P.C.
Whether the delay in recalling the witness amounts to abuse of the process of the court.
Colour shows how this judgement treated each authority
Ashwini Kumar Upadhyay vs Union of IndiaReferred¶9
Ashwini Kumar Upadhyay vs Union of India in Writ Petition (Civil) No.699/2016
2 provisions across 1 enactments
Ajay Rai
State of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
