Dismissed

Aftab Ali and Another v. State of U.P. and Another

Allahabad HC4 Oct 2024A482/33985/2024

Case brief

AI extract

What is this about?

The High Court dismissed the applicant's application under Section 482 Cr.P.C. seeking to summon prosecution witnesses after the evidence was closed. The court noted that the right to summon prosecution witnesses does not exist for the accused and that the applicant ultimately withdrew the prayer.

What did the court decide?

Application dismissed as not pressed with liberty to file appropriate application before the court of competent jurisdiction.

Aftab Ali and Another vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:162894

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 33985 of 2024

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Applicant :- Aftab Ali And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Daga,Vipul Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Amit Daga, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State are present.

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The present application u/s 482 Cr.P.C. has been filed with prayer to quash the order dated 26.09.2024 passed by Additional Sessions Judge, Court No. 11, Saharanpur, in Session Trial No. 750 of 2013 (State of U.P. vs. Lavpreet and others), arising out of Case Crime No. 235 of 2012, under Sections 363, 366, 368, 342, 376-D of I.P.C., P.S. Behat, District Saharanpur, whereby application under Section 348 of B.N.S.S. (Old Section 311 of Cr.P.C.) has been dismissed.

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Brief facts of the case are that applicants filed an application under Section 348 of B.N.S.S. (old Section 311 of Cr.P.C.) alleging that trial is fixed for recording statement of accused under Section 313 of Cr.P.C. (Section 351 of B.N.S.S.) but prosecution has not examined four previous investigating officers of the case and these witnesses may be summoned as prosecution witnesses.

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Trial court observed that in the present case, material witnesses of the prosecution PW-1 (victim), PW-3 (Dr. Abha Atre), PW-5 (S.I. Devendra Singh Bist), PW-6 (Inspector Kamal Singh) and PW-7 Inspector Digamber Singh, have already been examined by the prosecution.

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Learned counsel for the applicant fairly admits that application in question has been filed to call the prosecution witnesses S.S.I. Satyapal Vats, S.S.I. Subhash Chand, S.I. Praveen Kumar and C.B.C.I.D. Inspector Dharmveer Singh, as prosecution witnesses after closing the prosecution evidence and the trial is fixed for recording statement of accused under Section 313 of Cr.P.C (351 of B.N.S.S.)/defence evidence.

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Learned counsel for the applicant further submits that in the present case earlier to summoning the accused persons final report was submitted.

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It is well settled position of law that applicants/accused persons have no right to direct the prosecution to examine particular witness. Prosecution has absolute right to chose or examine the witness to prove the case.

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However, learned counsel for the applicant admits that applicant has opportunity to produce all above witnesses in defence evidence.

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After some arguments at length, learned counsel for the applicants does not want to press the present application.

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In view of above, the present application u/s 482 Cr.P.C. is dismissed as not pressed with liberty to file appropriate application before the court of competent jurisdiction.

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Certified copies of the relevant documents be returned to learned counsel for the applicants after retaining a photocopy of the same.

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Order Date :- 4.10.2024 A.P. Pandey

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Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad

Aftab Ali and Another v. State of U.P. and Another

Case brief

What is this about?

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Aftab Ali and Another v. State of U.P. and Another

Case brief

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