Accused sought quashing of trial court order rejecting his objections to admissibility of an FSL report relied on by prosecution in a murder and kidnapping trial. The High Court noted the trial court left the issues open for final arguments and dismissed the application.
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Neutral Citation No. - 2024:AHC:188623
Court No. - 81
Case :- APPLICATION U/S 482 No. - 27505 of 2024
Applicant :- Subash Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Verma Counsel for Opposite Party :- G.A.,Shiva Kant Dubey
Hon'ble Manoj Bajaj,J.
Applicant has filed this application under Section 482 Code of Criminal Procedure to challenge the order dated 16th December, 2023 passed by the Additional Sessions Judge/Special Judge (D.A.A.), Mainpuri in Sessions Trial No. 01 of 2023, arising out of Case Crime No. 343 of 2012, under Sections 302, 364A IPC, Police Station Ghiror, District Mainpuri, whereby his application raising objections regarding admissibility of the FSL report dated 18th September, 2023.
After filing of the case, there has been no appearance on behalf of the applicant, and on 18th September, 2024, learned counsel for the opposite party no. 2 had appeared on advance notice. Today, no one is present on behalf of both the parties.
A perusal of the paper book would reveal that the applicant-accused is facing trial in respect of the alleged offences contained in Case Crime No. 343 of 2012, wherein the FSL report dated 18th September, 2023 has been relied upon by prosecution. The accused preferred an application dated 27th November, 2023 raising objections relating to the admissibility of the FSL report by pointing out certain defects and made a prayer for rejection of the report. The application has been dismissed vide impugned order dated 16th December, 2023.
A perusal of the impugned order would show that the trial has reached at an advanced stage, as the
prosecution has examined all its witnesses and the case was fixed for recording the explanation of the accused under Section 313 Cr.P.C., when the application raising objections against FSL report was moved. The trial court has carefully examined the objections, while proceeding to dismiss the application with the observation that the issues raised in the application are left open to be decided at the final stage of the judgment.
The order dated 16th December, 2023, therefore, cannot be construed against the accused, who has been granted liberty to raise these issues at the stage of addressing the final arguments.
The application is dismissed.
Order Date :- 2.12.2024 Brijesh
Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court's order rejecting objections to admissibility of the FSL report should be interfered with under Section 482 Cr.P.C.
3 provisions across 2 enactments
Subash Chandra
State of U.P.
Manoj Bajaj
As recorded by the court registry
4 orders share this CNR
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