The applicant, an informant in a suicide case, sought an interim direction to stay proceedings for alteration of charge from Section 306 to 302 IPC until the viscera report was considered. The Court exercised no jurisdiction but directed the trial court to consider the necessity of the viscera report while deciding the application.
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Neutral Citation No. - 2024:AHC:180350
Court No. - 77
Case :- APPLICATION U/S 482 No. - 30160 of 2024
Applicant :- Gajendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
applicant, the said application remains pending before the concerned Court and with respect to the viscera report, orders have been passed on various occasions, but it appears that due to suspicious circumstances, the viscera report is not being furnished to the court below and in the meantime in hot haste attempts have been made for deciding the application under Section 216 of the Cr.P.C.
in accordance with law.
Order Date :- 18.11.2024 Rajesh
Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court should adjourn the application under Section 216 Cr.P.C. pending the consideration of the necessity of the viscera report?
4 provisions across 2 enactments
Gajendra Singh
State of U.P.
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
