In this bail and other orders the applicant filed under section 482 CrPC challenged the rejection of his section 311 CrPC application for summoning witnesses. The court held that the application did not satisfy the parameters for summoning witnesses.
The application under Section 482 Cr.P.C. and the within Section 311 Cr.P.C. application are dismissed.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 7537 of 2023
Applicant :- Sant Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
summoning the aforesaid witnesses. Therefore, there is no occasion to summon aforesaid witnesses. However, the two other witnesses namely Constable 2193 Awdesh and Constable 2198 Rinku are prosecution witnesses but the prosecution has chosen not to adduce them as prosecution witnesses. Irrespective of above, no basis for summoning of aforesaid witnesses as has been laid by applicant.
Order Date :- 14.3.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the application under Section 311 Cr.P.C. seeking summoning of witnesses satisfies the parameters laid down by the Apex Court.
Whether the applicant has established any material fact necessitating the summoning of the proposed witnesses.
Whether the summary trial is at the verge of hearing and whether summoning the witnesses would cause a delay.
Colour shows how this judgement treated each authority
Raja Ram Prasad Yadav Vs. State of BiharDistinguished¶11
Raja Ram Prasad Yadav Vs. State of Bihar (2013) 14 SCC 461 · Who else cites this
2 provisions across 1 enactments
Sant Singh
State of U.P.
Rajeev Misra
Yashwant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
