Dismissed

Krishna Kumar @ Mahesh Dutt v. State of U.P. Others

Allahabad HC15 Jan 2025A482/38069/2024

Case brief

AI extract

What is this about?

Accused challenged rejection of his Section 311 Cr.P.C. application in a murder trial; the application under Section 311 was not on record. Counsel sought withdrawal with liberty to file afresh with better particulars; the High Court dismissed the application as withdrawn with such liberty.

What did the court decide?

Application dismissed as withdrawn with liberty to file afresh with better particulars and details.

Krishna Kumar @ Mahesh Dutt vs State of U.P. Others — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:6886

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 38069 of 2024

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Applicant :- Krishna Kumar @ Mahesh Dutt Opposite Party :- State Of U.P. Others Counsel for Applicant :- Beerendra Singh Pal,Manoj Kumar Keshari

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Beerendra Singh Pal, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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This application under Section 482 Cr.P.C. has been filed by accused-applicant Krishna Kumar @ Mahesh Dutt challenging the order dated 21.09.2024 passed by Additional District and Sessions Judge, F.T.C., Court No. 01, Kannauj in Sessions Trial No. 17 of 2012 (State Vs. Krishna Kumar) arising out of Case Crime No. 381 of 2011, under Sections 302, 201, 365-A of I.P.C., Police Station Tirwa, District Kannauj, whereby the application under Section 311 Cr.P.C. filed by the accused applicant before court below has been rejected.

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At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that the application under Section 311 Cr.P.c. filed by accused applicant before court below has not been brought on record. In the absence of the application, the test laid down by the Apex Court in the case of Rajaram Prasad Yadav Vs. State of Bihar 2013 (14) SCC cannot be applied to the facts of the present case to find out the bonafide of applicant. As such the present application is liable to be dismissed.

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When confronted with above, the learned counsel for applicant submits that he be permitted to withdraw the present application with liberty to file afresh with better particulars and details.

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Prayer made by the learned counsel for applicant is not opposed by the learned A.G.A..

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Accordingly, present application is dismissed as withdrawn with liberty aforesaid.

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Certified copies of document appended along with this document shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record.

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Order Date :- 15.1.2025 Aiman/Vinay

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

Krishna Kumar @ Mahesh Dutt v. State of U.P. Others

Case brief

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Krishna Kumar @ Mahesh Dutt v. State of U.P. Others

Case brief

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