Pramod Kumar Pandey @ Gunjay Pandey and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Pramod Kumar Pandey @ Gunjay Pandey and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Neutral Citation No. - 2025:AHC:113461

Court No. - 72

Case :- APPLICATION U/S 482 No. - 37466 of 2024

Applicant :- Pramod Kumar Pandey @ Gunjay Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.B. Singh,Kaushalesh Prasad Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The present 482 Cr.P.C. application has been filed to quash the order dated 17.10.2024 in Session Trial No. 212 of 2014 (State versus Pramod Pandey & Others) arising out of Case Crime No. 470 of 2014 registered under Sections 387/307/120B I.P.C., Police Station-Kachhwa, District-Mirzapur pending before learned Additional District & Sessions Judge, Court No. 3, Mirzapur Budh Nagar.

Counsel for the applicants submits that the impugned F.I.R. was lodged against unknowns persons and name of applicants surfaced for the first time during the course of investigation. It is next submitted that at the time of recording statement of P.W.-1 & P.W.2, applicants were undergoing incarceration and in absence of applicants and their counsel, the trial court proceeded to record the chief examination and cross examination of the said witnesses namely, Ramlal Gupta & Rajkumar Gupta as P.W.-1 & 2 on 08.05.2019 & 21.05.2019. The P.W. 1 is the informant and P.W.2 is the eye witness of the present case. It is also submitted that on an application no. 192 Kha u/s 311 Cr.P.C. filed for summoning of the

aforesaid witnesses P.W.-1 and P.W.-2 for re-examination, the trial court has rejected the application of the applicant in a very routine and cursory manner without applying his judicial mind

Per contra, learned A.G.A. opposed the submission made by applicants' counsel and submits that the instant application no. 192 Kha for further examination of P.W.-1 and P.W. 2 has been moved after a delay of about 5 years and from the record itself it is evident that the applicants were present at the time of recording of statement of the prosecution witnesses and as such the order is just and proper and only to linger on the proceedings, the applicant has moved the application. The submission of applicants' counsel is manipulated, false and without any support of evidence.

Considering the argument raised by counsel for the parties and perused the entire record, it is evident that the application no. 192 Kha was moved after a delay of about 5 years and the order passed by trial court dated 29.04.2023 do not suffer from any illegality or infirmity and no interference is warranted, at this stage.

The present 482 application is hereby dismissed.

Order Date :- 15.7.2025 SY

Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad