Ajay Pal v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court; Rajeev Misra, J.; Application U/S 482 No. 539 of 2025; decided 16.4.2025; dismissed. Keywords: Section 482 Cr.P.C. application; Section 311 Cr.P.C. recall of witness; first informant Smt. Sunita; P.W.1 re-examination; Session Case No. 666 of 2023 (State Vs. Vijay Pal and others); Case Crime No. 421 of 2023; Sections 302, 323, 352, 504 IPC; Police Station Dhanghata; District Sant Kabir Nagar; impugned order dated 09.12.2024; rejection order dated 27.12.2024; absence of proposed questions and relevancy in Section 311 application; bona fides parameters; Raja Ram Prasad Yadav Vs. State of Bihar and Another (2013) 14 SCC 461; A.G.A. preliminary objection upheld; no ground to entertain application.
What did the court decide?
This Court finds that the objection raised by the learned A.G.A. — that the accused-applicant's application under Section 311 Cr.P.C. neither mentioned the specific questions proposed to be put to the witnesses nor detailed their relevancy, so that the bona fides of the applicant cannot be judged in light of the parameters laid down by the Apex Court — is not only borne out from the record but could not be dislodged by the learned counsel for applicant with reference to the record.