Application u/s 482 Cr.P.C. where applicant initially declined pressing the relief but later sought to tender evidence. The court declined the initial plea but noted evidence tender is permissible, thus disposing of the application.
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Neutral Citation No. - 2024:AHC-LKO:24197
Court No. - 29
Case :- APPLICATION U/S 482 No. - 2684 of 2024
Applicant :- Prashant Mishra
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Govt. Lko And Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
The applicant is aggrieved by the order dated 02.01.2023, whereby the learned trial court has taken cognizance of the offences under Sections 452, 323, 504, 506 IPC and has summoned the applicant.
Learned AGA contends that the prosecution set out in the FIR is that applicant attacked the victim and inflicted grievous injuries. Prima facie offence is disclosed from the evidence in the record.
Faced with this learned counsel for the applicant contends that he does not wish to press the relief sought in the application.
The relief sought in the application is accordingly declined.
The applicant recasts the relief, and submits that the applicant may be permitted to tender the evidence before the trial court and establish his innocence.
It is open to the applicant to avail remedies available to him as per law to establish his innocence by tendering
evidence, if requires.
The application u/s 482 Cr.P.C. is disposed of.
Order Date :- 19.3.2024
Ashutosh
Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to seek to tender evidence to establish his innocence in a trial.
Whether Section 482 Cr.P.C. mandates adjudication of an application which the applicant does not insist upon pressing.
1 provisions across 1 enactments
Prashant Mishra
State Of U.P. Thru. Secy. Home Deptt. Govt. Lko
Ajay Bhanot
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
