Munni Lal Sahu vs State of Up and Another — Murder and Culpable Homicide | Allahabad HC (2025)

Munni Lal Sahu vs State of Up and Another — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application dismissed as not pressed; liberty granted to file appropriate application/proceedings before the court of competent jurisdiction along with proposed questions, if any, remaining to be asked; certified copy of the order to be returned to learned counsel for the applicant.

Issue for consideration

Whether the order dated 26.7.2024 of the Additional Sessions Judge, Court No. 19, District Prayagraj, rejecting the application under Section 311, Cr.P.C. to recall PW-7 and PW-8 for cross-examination in Session Trial No. 2294 of 2021, should be quashed.

Court's answer

The instant application under Section 482, Cr.P.C. is dismissed as not pressed, with liberty to the applicant to file appropriate application/proceedings before the court of competent jurisdiction along with proposed questions, if any, remaining to be asked for just decision of the case.

Key takeaways

If a fresh application under Section 311, Cr.P.C. along with proposed questions to be asked from PW-7 and PW-8 is filed, the trial court may decide the same in accordance with law.obiter¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Pachori, J.), Application U/S 482 No. 33455 of 2024, Munni Lal Sahu v. State of U.P. and Another (Order Date 15.1.2025): Applicant sought to quash the order dated 26.7.2024 of the Additional Sessions Judge, Court No. 19, District Prayagraj in Session Trial No. 2294 of 2021 (State Vs. Munni Lal Sahu), arising out of case crime No. 211 of 2021, under Sections 323, 504, 506, 304 I.P.C., Police Station Sarai Mamrej, District Prayagraj, whereby his application under Section 311, Cr.P.C. to recall PW-7 and PW-8 for cross-examination had been rejected. Learned counsel for the applicant fairly admitted that no proposed questions were annexed to the application, and thereafter did not wish to press the application, seeking liberty to file appropriate proceedings before the competent court. The application was dismissed as not pressed with such liberty; if a fresh Section 311 application with proposed questions is filed, the trial court may decide the same in accordance with law. No precedent was cited and the merits of the Section 311 question were not adjudicated.

Neutral Citation No. - 2025:AHC:6463

Court No. - 75

Case :- APPLICATION U/S 482 No. - 33455 of 2024 Applicant :- Munni Lal Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kalamuddin,M. A. Siddiqui Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Shri M.A. Siddiqui, learned counsel for the applicant and Shri Alok Mishra, learned A.G.A. for the State are present.

Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the order dated 26.7.2024 passed by Additional Sessions Judge, Court No. 19, District Prayagraj in Session Trial No. 2294 of 2021 (State Vs. Munni Lal Sahu) arising out of case crime No. 211 of 2021, under Section 323, 504, 506, 304, I.P.C., Police Station Sarai Mamrej, District Prayagraj, whereby the application under Section 311, Cr.P.C. to recall PW-7 and PW-8 for cross-examination has been rejected.

Learned counsel for the applicants fairly admits that there is no proposed question in the application to be asked in further crossexamination.

After some arguments, learned counsel for the applicants does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction.

The instant application is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction along with proposed questions, if any, remains to be asked for just decision of the case.

If a fresh application under Section 311, Cr.P.C. along with proposed questions to be asked from PW-7 and PW-8 is filed, the trial court may decide the same in accordance with law.

Office shall return the certified copy of the order to the learned counsel for the applicant, after retaining a xerox of the same.

Order Date :- 15.1.2025/T. Sinha

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad