Jitendra Singh Baghel vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:20648

Court No. - 71

Case :- APPLICATION U/S 482 No. - 40957 of 2024

Applicant :- Jitendra Singh Baghel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajiv Chowdhury, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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Applicant- Jitendra Singh Baghel, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 05.10.2024 passed by Additional Sessions Judge/Fast Track Court (for trying cases of crime against Women) Varanasi in Sessions Case No.1298 of 2021 (State Vs Jitendra Singh Baghel) arising out of Case Crime No.386 of 2021, Under Section 376, 313, 323, 504, 506 I.P.C. & section 67 I.T. Act, Police Station- Bhelupur, District-Varanasi.

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It is further prayed that this Hon'ble Court may be pleased to stay the entire proceeding of Sessions Case No.1298 of 2021 (State Vs Jitendra Singh Baghel) arising out of Case Crime No.386 of 2021, Under Section 376, 313, 323, 504, 506 I.P.C. & section 67 1.T. Act, Police Station- Bhelupur, District- Varanasi, during pendency of the present case.

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And or pass such other or further order in the fact and circumstances of the case, may deem fit and proper, otherwise the Applicant shall suffer irreparable loss and injury."

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Learned counsel for applicant submits that application under Section 311 Cr.P.C. was filed by prosecution before Court below at a very belated stage. As such, the same was liable to be rejected. It is further contended by the learned counsel for applicant that

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proper course for prosecution was to file an application under Section 91 Cr.P.C. regarding summoning of document and not Section 311 Cr.P.C. On this ground also the order impugned cannot be sustained. As such, present application is liable to be allowed.

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Per contra, the learned A.G.A. for State-opposite party-1 has opposed the present application. Learned A.G.A. submits that in view of the law laid down by the Apex Court in the case of Varsha Garg Vs. State of M.P. & Ors. 2022 SCC Online SC 986 , no illegality can be attached to the order impugned in present application. The Apex Court in aforementioned judgment has clearly held that Section 311 Cr.P.C. is an enabling provision which enables the Court to do complete justice between the parties. The object of the trial is ultimately to find out the truth. Since, document which establishes the criminality alleged to have been committed by applicant upon the prosecutrix are in possession of the prosecutrix herself which document has now sought to be produced before Court below and followed by further examination of the prosecutrix herself, therefore, no illegality can be attached to the order impugned. As such, no interference is warranted by this Court in present application.

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When confronted with above, the learned counsel for applicant could not overcome the same.

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Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicant. In view of above, no good ground exists to entertain the present application.

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As a result, the present application fails and is liable to be dismissed.

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It is, accordingly, dismissed .

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Order Date :- 13.2.2025 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Jitendra Singh Baghel v. State of U.P. and Another

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Jitendra Singh Baghel v. State of U.P. and Another

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