Pawan Raidas Alias Sunil Kumar vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:25128

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 1114 of 2025 Petitioner :- Pawan Raidas Alias Sunil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar,Savan Kumar Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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1. Heard learned counsel for the parties.

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This petitioner has been preferred with the following prayer:-

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(i) Set aside the impugned order dated 01.06.2023 passed by Special Judge (POCSO Act), Kaushambi in Case No.54 of 2021 (State Vs. Pavan Raidas @ Sunil Kumar) arising out of Case Crime No.87 of 2021 under Section 376-D, 323/34, 504, 506 I.P.C. and Section 5(Jha)/6 POCSO Act, Police StationKarari, District- Kaushambi whereby the application under Section 311 Cr.P.c. moved by the petitioner has been rejected.

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(ii) Issue a direction to the learned trial court below to summon to the PW-2 (Victim) for re-examination in Case No.54 of 2021 (State Vs. Pavan Raidas @ Sunil Kumar) arising out of Case Crime No.87 of 2021 under Section 376-D, 323/34, 504, 506 I.P.C. and Section 5(Jha)/6 POCSO Act, Police StationKarari, District- Kaushambi."

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It is the case of the petitioner that an FIR was lodged on 27.03.2021 against the petitioner and other co-accused person with the allegation that they committed rape with the daughter of informant and the same was registered as Case Crime No.87 of 2021. After investigation charge-sheet was submitted against the petitioner and other co-accused person under Sections 376D, 504, 506, 323 I.P.C. and Section 3/4 POCSO Act, whereupon learned court below took cognizance on 28.05.2021 and registered the case No.54 of 2021 (State Vs. Pawan Raidas @ Sunil Kumar) and initiated separate trial against the petitioner in the aforesaid case.

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On 28.10.2022 learned court below conducted examination-inchief as well as cross-examination of PW-2 (Victim). Thereafter, petitioner moved an application on 25.04.2023 under Section 311 Cr.P.C. with the prayer to summon PW-2 for re-examination on the ground that erstwhile counsel of petitioner did not property examined PW-2.

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Learned Special Judge (POCSO Act), Kaushambi rejected the application under Section 311 Cr.P.C. preferred at the behest of

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petitioner vide order dated 01.06.2023 which has been impugned through the instant petition.

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Learned counsel for the petitioner challenged the impugned order on the ground that the same has been passed by learned trial court without application of judicial mind for the reason assigned in the application under Section 311 Cr.P.C. it is necessary to put up some question for proper adjudication of the trial but the same has not been considered by the learned trial court while rejecting the application.

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Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant petition and supported the order impugned on the ground that an application under Section 311 Cr.P.C. preferred by petitioner has been duly considered by learned trial court while rejecting the same.

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After having rival submissions extended by learned counsel for the parties and perusing the records it transpires that the application made under Section 311 Cr.P.C. is nothing but tactics of the petitioner for delaying final outcome of the trial and the same has rightly been rejected. Impugned order do not suffer from any infirmity or illegality warranting interference by this Court.

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Accordingly, the present petition is dismissed .

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Learned counsel for the petitioner also apprised this Court about the order dated 29.04.2024 passed by co-ordinate bench of this Court in Criminal Misc. Application No.46619 of 2022 whereby second bail application of petitioner was rejected with a direction to learned trial court to conclude the trial within period of eight months but by bare perusal of the order it is apparent that order dated 29.04.2024 passed by co-ordinate bench has not been complied with by learned concerned court and as such it is hereby directed to conclude the trial as expeditiously as possible having regard to the direction passed by co-ordinate bench of this court vide order dated 29.04.2024.

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Order Date :- 20.2.2025 A Gautam

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Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad

Pawan Raidas Alias Sunil Kumar v. State of U.P. and 3 Others

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Pawan Raidas Alias Sunil Kumar v. State of U.P. and 3 Others

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