Dismissed¶17

Arvind v. State of U.P. and Another

Allahabad HC18 Mar 2025A482/28079/2024

Case brief

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What is this about?

Allahabad High Court, Court No. 70, Neutral Citation 2025:AHC:40096, Application U/S 482 No. 28079 of 2024, Arvind vs. State of U.P. and Another, Rajeev Misra J., decided 19.3.2025. Section 482 Cr.P.C. petition against rejection of Section 311 Cr.P.C. application for recall of PW-1/first informant Awdhesh Singh in S.T. No. 176 of 2017 (case crime no. 97 of 2017, Sections 302/506 IPC, PS Amritpur, District Farrukhabad). Grounds: questions to be put to witness not detailed, relevancy not pleaded, no bonafide per parameters in Raja Ram Prasad Yadav vs. State of Bihar (2013) 14 SCC 461; no illegality in impugned order; application dismissed.

What did the court decide?

The application dated 06.07.2024 under Section 311 Cr.P.C. did not detail the questions proposed to be put to PW-1, and no pleadings were made regarding the relevancy of those questions.

Arvind Vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:40096

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 28079 of 2024

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Applicant :- Arvind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajeev Kumar Singh Parmar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant-Arvind, who is a charge sheeted accused and facing trial before court below, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

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"It is, therefore, Most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and to quash/set-aside the impugned order dated 11.07.2024 passed in S.T. No. 176 of 2017 (State Vs. Shivpratap Singh and others) pertaining to case crime no. 97 of 2017 under Section 302, 506 I.P.C. Police Station-Amritpur, DistrictFarrukhabad, pending in the court of Additional Session Judge, Court no.5 Farrukhabad by which application under Section 311 Cr.P.C. filed by the applicant has been rejected by the court below.

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It is further prayed, court below should be directed to pass a fresh order by recalling to the opposite party no.2 who is P.W.1 for the further examination on some fact which has been left in the aforesaid case in the interest of justice.

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And/or may pass such other orders as this Hon'ble Court may deem fit and proper under the circumstances of the case."

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Record shows that during pendency of trial, accused applicant filed an application dated 06.07.2024 under Section 311 Cr.P.C. with the prayer that the PW-1 Awdhesh Singh who is the first informant be recalled.

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By means of the order impugned, the court below has rejected the aforementioned application.

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Perusal of the application dated 06.07.2024 would go to show that the questions proposed to be put to the witness i.e. PW-1 have not been detailed in the application. As such no pleadings have been made in the application with regard to the relevancy of the same.

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Apex Court in the case of Raja Ram Prasad Yadav Vs. State of Bihar and Another (2013) 14 SCC 461 has clearly laid down the parameters which are required to be applied for judging the bonafide of an applicant filing an application under Section 311 Cr.P.C. When the application dated 06.07.2024 is examined in the light of aforesaid, this Court finds that no bonafide on the part of the applicant is reflected in filing the application dated 06.07.2024 under Section 311 Cr.P.C.

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As such, no illegality can be said to have been committed by Court below in passing the order impugned.

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In view of above, the present application fails and is liable to be dismissed.

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It is, accordingly, dismissed .

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Order Date :- 19.3.2025 Jaswant

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Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad

Arvind v. State of U.P. and Another

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Arvind v. State of U.P. and Another

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