Udaiveer Singh v. State of U.P. and 3 Others
Case brief
What is this about?
A charge-sheeted accused challenged the closure of his opportunity to produce defence evidence proving the medical age certificate of the prosecutrix. The High Court found the matter required consideration, issued notice to opposite parties, listed the case for 06.03.2025, and stayed trial proceedings in the interim.
What did the court decide?
Further proceedings of Special Case No. 1977 of 2016 stayed till the next date fixed (06.03.2025); notices issued.
What the court decided
Neutral Citation No. - 2025:AHC:10335
Court No. - 71
Case :- APPLICATION U/S 482 No. - 44410 of 2024
Applicant :- Udaiveer Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awadhesh Kumar Pandey,Chandra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
- Heard Mr. Chandra Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State.
- Perused the record.
- Applicant-Udaiveer Singh, 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:-
" It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application by quashing the order dated 23.10.2024 passed by Special Judge (POCSO Act), Bulandshahr in Special case no. 1977 of 2016 arising out of case crime no. 128 of 2016 under Section 363, 366, 376 I.P.C. and 4 POCSO Act and 3 (2) (5) of S.C. Act, Police Station-Naraura, District-Bulandshahr.
Issues for consideration
2 issues framed by the court
Should the trial court's order of 23.10.2024 closing the accused's opportunity to lead defence evidence be quashed under Section 482 Cr.P.C.?
Can the Radiologist and Technician who prepared the prosecutrix's medical age-determination records be summoned so the X-ray evidence can be proved?
Parties & counsel
- applicant
Udaiveer Singh
- respondent
State Of U.P.
- other
First informant / Opposite Party 2
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A482/44410/2024
All orders in this case
2 orders share this CNR
- Order 1
- Order 2 — this page · Rajeev Misra
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