Dismissed

Mohammad Faisal and 2 Others v. State of U.P. and Another

Allahabad HC9 Oct 2023CRLR/645/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a criminal revision filed by the accused against the Additional Sessions Judge's order rejecting an application under Section 311 Cr.P.C. for cross-examination of witnesses. The court found the application was filed belatedly after a long delay and sought to delay the trial disposal, finding no illegality in the lower court's rejection.

What did the court decide?

The criminal revision is dismissed; the order dated 06.12.2022 rejecting the Section 311 Cr.P.C. application is affirmed.

Mohammad Faisal and 2 Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:194326

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Court No. - 79

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Case :- CRIMINAL REVISION No. - 645 of 2023 Revisionist :- Mohammad Faisal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Naseem Ahmad,Devendra Kumar Patel,Mohammad Shahil Counsel for Opposite Party :- G.A.,Shobhit Pathak

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the parties and perused the record.

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This criminal revision has been filed against the order dated 06.12.2022, passed by Additional Sessions Judge, Court No. 11, Moradabad, in Sessions Trial No. 543 of 2016, arising out of Case Crime No. 58 of 2016, under Sections 364A, 342, 120B, 341 I.P.C., Police Station Nagfani, District Moradabad, by which application filed on behalf of revisionist under Section 311 Cr.P.C. was rejected.

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It is submitted by learned counsel for the revisionist that the earlier counsel appearing on behalf of revisionist has not crossexamined PW-1 and PW-2 and the opportunity of crossexamination was closed by the learned trial court. It is further submitted that the application filed by the revisionist under Section 311 Cr.P.C., may be allowed by imposing some cost.

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Learned counsel appearing on behalf of opposite party no. 2 submits that 18.03.2017 was fixed for cross-examination of PW-1 but no one appears to cross-examine PW-1 and the opportunity was closed by the learned trial court. Similarly, 22.12.2017 was fixed for cross-examination of PW-2 but again none appears to cross-examine PW-2. It is further submitted that no application has been moved by the revisionist to crossexamine PW-2 for the last five years. One application under Section 311 Cr.P.C. was filed on 06.12.2022 for crossexamination of PW-1 but the same was rejected. Lastly, it is submitted that the case is fixed for statement of accused under Section 313 Cr.P.C. and only to delay the disposal of trial the present application has been filed.

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Considered the submissions of learned counsel for the parties and perused the record.

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The learned trial court has recorded the finding that the statements of PW-1 and PW-2 were recorded and after about

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five years, the present application has been filed by the revisionist only to delay the disposal of trial. The application under Section 311 Cr.P.C. has been filed by the revisionist on belated stage.

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In view of above, no grounds of interference is made out. There is no illegality, irregularity or impropriety in the order dated 06.12.2022 rejecting the application under Section 311 Cr.P.C.

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The criminal revision is devoid of merit and is liable to be dismissed.

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The criminal revision is dismissed, accordingly.

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Interim order, if any, stands discharged.

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Order Date :- 9.10.2023 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Mohammad Faisal and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohammad Faisal and 2 Others v. State of U.P. and Another

Case brief

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What the court decided

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