Raj Kumar @ Babban Pasi and Anothers Vs State… — Murder and Culpable Homicide | Allahabad HC (2025)

Raj Kumar @ Babban Pasi and Anothers Vs State… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the orders dated 12.2.2025 of the trial court (Additional District & Sessions Judge / F.T.C.-III, Raebareli) rejecting the applicants' request for a further opportunity to cross-examine prosecution witness no. 8 should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

There is no error in the orders dated 12.2.2025 passed by the trial court dismissing Application Nos. 157-Kha and 155-Kha.

Ratio / Principle

Sufficient opportunity had already been granted to the applicant to cross-examine prosecution witness no. 8.

Key takeaways

Despite the opportunity afforded, the accused did not cross-examine the witness.ratio¶10
This Court accepts the trial court's ground that the applications for a further opportunity were filed only to delay the proceedings in the trial.ratio¶10
There is no reason to interfere in the orders passed by the trial court.ratio¶10

Detailed headnote1 paragraphs

Section 482 Cr.P.C. application by accused-applicants Raj Kumar @ Babban Pasi and another (Sessions Trial No. 68 of 2018, pending since 2018; offences under Sections 302/394/376-D/396 IPC) to quash the orders dated 12.2.2025 of the Additional District & Sessions Judge / F.T.C.-III, District Raebareli dismissing Application/Paper Nos. 157-Kha and 155-Kha, which sought a further opportunity to cross-examine prosecution witness no. 8. PW-8 had been partially cross-examined on 13.12.2024 and produced again on 18.1.2025; counsel for the applicant side (and for the other parties) did not appear although the witness remained present, and the trial court closed the cross-examination opportunity. The subsequent applications were rejected on the view that they were filed only to delay the trial. Held by this Court (Salil Kumar Rai, J.): sufficient opportunity had already been granted, the accused did not cross-examine the witness, the fresh applications were meant solely to delay proceedings; no error in, and no reason to interfere with, the trial-court orders. Application dismissed (16.4.2025).

Neutral Citation No. - 2025:AHC-LKO:21274

Court No. - 16

Case :- APPLICATION U/S 482 No. - 2870 of 2025

Applicant :- Raj Kumar @ Babban Pasi And Anothers Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A.

Hon'ble Salil Kumar Rai,J.

Heard learned counsel for the applicants and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed to quash the orders dated 12.2.2025 passed by the Additional District & Sessions Judge / F.T.C. - III, District Raebareli rejecting the application of the applicants to grant further time to cross-examine the prosecution witness no. 8.

The facts of the case as evident from the contents of the orders dated 12.2.2025 rejecting Paper Nos. 157-Kha and 155-Kha and also from the documents attached with the affidavit are that the prosecution witness no. 8 had appeared as a witness on 13.12.2024 on which date he was cross-examined by the counsel for applicant no. 1. However, the said crossexamination could not be completed on 13.12.2024 and the case was posted for cross-examination on 18.1.2025. On 18.1.2025, the witness again appeared in the court before lunch but the counsel for the applicant was not present, therefore, the witness could not be cross-examined before lunch. Subsequently, the witness was present after lunch when the case was taken up. The counsel for the applicant no. 1 did not appear to crossexamine the witness even after lunch. The counsel for the other parties also did not appear to cross-examine the prosecution witness, therefore, the opportunity to cross-examine the witness was closed by the trial court. Application Nos. 157-Kha and 155-Kha were filed by the applicants for further opportunity to cross-examine the aforesaid witness. The applications have been dismissed on the ground that opportunities having been granted to the accused / applicants, the applicants failed to cross-examine the witness and no application was filed by them on 18.1.2025. The trial court has opined that the application for further opportunity to cross-examine the witness has been filed only to delay the proceedings in the trial.

It is evident from the records that Sessions Trial No. 68 of 2018 in which the aforesaid orders have been passed is pending since 2018. The accused / applicants are being tried for offences

under Section 302 / 394 / 376-D / 396 IPC. The records available with this Court show that sufficient opportunity was granted to the applicant to cross-examine the witness. However, the accused did not cross-examine the witness. There is no error in the orders dated 12.2.2025 passed by the trial court dismissing Application Nos. 157-Kha and 155-Kha on the ground that the applications have been filed only to delay the proceedings in the trial. There is no reason to interfere in the orders passed by the trial court.

The application is dismissed .

Order Date :- 16.4.2025 Satyam

Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench