Charge-sheeted accused sought quashing of the trial court order rejecting his Section 311 Cr.P.C. application to recall prosecution witness P.W.-11 in a murder trial. The High Court upheld the rejection since the application did not specify proposed questions or their relevancy.
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Neutral Citation No. - 2025:AHC:17173
Court No. - 71
Case :- APPLICATION U/S 482 No. - 3751 of 2025
Applicant :- Yatendra Pratap Alias Babblu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased allowed the present application and be pleased to impugned quash the order dated 01.10.2024, passed by Special Judge E.C. Act/Additional District & Session Judge, Court No. 4, Moradabad, in S.T.T. No. 111 of 2008 State Vs. Nizam @ Chhotu @ Others, arising out of Case Crime No. 412 of 2007 (182 of 2007), under Section 302/120-B of I.P.C., Police Station Thakurdwara, District-Moradabad, by which order the trial court rejecting the application moved by the applicant under Section 311 Cr.P.C. for recalling prosecution witness P.W. 11 and also direct the Ld. Trail court (Special Judge E.C. Act/Additional District & Session Judge, Court No. 4, Moradabad) to provide one more opportunity to re-examination of prosecution witness P.W.-11, otherwise applicant shall suffer irreparable loss and injury;
AND
in the mean time stay the further proceeding of S.T.T. No. 111 of 2008 State Vs. Nizam @ Chhotu @Others, arising out of Case Crime No. 182 of 2007, under Section 302/120-B of I.P.C., Police Station Thakurdwara, District-Moradabad at present pending in the court of Special Judge E.C. Act/Additional District & Session Judge, Court No. 4, Moradabad, during pendent of the present
application before this Hon'ble Court, and/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the circumstances of the case."
Order Date :- 6.2.2025 Imtiyaz
Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court's rejection of the accused's Section 311 Cr.P.C. application to recall P.W.-11, filed without specifying questions or their relevancy, warranted interference.
Colour shows how this judgement treated each authority
Raja Ram Prasad Yadav Vs. State of Bihar and AnotherRelied on¶4
(2013) 14 SCC 461 · Who else cites this
2 provisions across 1 enactments
Yatendra Pratap Alias Babblu
State of U.P.
Another
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
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