Tasaubbar @ Chhangur v. State of U.P. and Another
Case brief
What is this about?
In an application under Section 482 Cr.P.C., the applicant challenged the rejection of a recall of witnesses petition filed after a fresh charge was framed. The High Court deemed the submissions significant, stuck proceedings, and listed the case for further hearing.
What did the court decide?
Stay proceedings in Session Trial No. 50 of 2012 till next listening as submissions have force and require consideration.
What the court decided
Court No. - 74
Case :- APPLICATION U/S 482 No. - 32382 of 2024
Applicant :- Tasaubbar @ Chhangur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
- Heard learned counsel for applicant and learned Additional Government Advocate appearing for opposite party no.1State.
- Issue notice to opposite party no.2 through Chief Judicial Magistrate concerned.
- Application under Section 482 Cr.P.C. has been filed challenging order dated 27.08.2024 passed in Session Trial No.50 of 2012 (State versus Bhagmati & Ors.) arising out of Case Crime No.272 of 2011, under Sections 363, 366, 376 IPC, Police Station Kopaganj, District Mau whereby application for recall of witnesses filed by the applicant has been rejected.
- Learned counsel for applicant submits that initially charge-sheet was filed under Sections 363, 366 and 376 IPC whereafter charges were framed on 17.04.2012 only under Sections 366 and 376 IPC leaving out Section 366. It is submitted that cross-examination was also conducted on behalf of applicant only on the aforesaid two sections under which charges were framed but subsequently fresh charge was framed under Section 366 IPC on 11.07.2024 whereafter the aforesaid application had been given as per which the witnesses were required to be recorded in terms of Section 217 Cr.P.C. but the application has been rejected only on the ground that in the cross-examination conducted earlier, the questions asked from the witnesses also pertained to Section 366 IPC.
Issues for consideration
2 issues framed by the court
Whether the trial court erred in rejecting an application for recall of witnesses after a fresh charge was framed under a different section.
Whether Section 217 Cr.P.C. applies when a fresh charge is framed during the course of trial.
Parties & counsel
- applicant
Tasaubbar @ Chhangur
- respondent
State of U.P.
- respondent
And Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/32382/2024
All orders in this case
4 orders share this CNR
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