Held an application under Section 483 Cr.P.C. to direct the trial court to decide a criminal case was rejected because the prayer was incorrect, noting that Section 308 I.P.C. is exclusively triable by the Court of Sessions.
Application rejected; liberty granted to file fresh application with correct prayer.
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Neutral Citation No. - 2023:AHC:211762
Court No. - 85
Case :- APPLICATION U/S 483 No. - 1240 of 2023
Applicant :- Chandra Mohan Upadhyay Opposite Party :- Matambar Upadhyay And 4 Others Counsel for Applicant :- Rohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Order Date :- 3.11.2023 PS
Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 483 Cr.P.C. can be entertained to direct the trial court to decide a case with an incorrect prayer regarding jurisdiction under I.P.C. Sections.
Whether Section 308 I.P.C. is exclusively triable by the Court of Sessions.
Chandra Mohan Upadhyay
Matambar Upadhyay
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
