Anil Kumar v. State of U.P. and Another
Case brief
What is this about?
High Court of Judicature at Allahabad (Neutral Citation 2025:AHC:69575); Court No. 75; APPLICATION U/S 528 BNSS No. - 14209 of 2025; decided 2.5.2025 by Hon'ble Arun Kumar Singh Deshwal, J. Applicant Anil Kumar (counsel: Sri Ravindra Kumar) sought quashing of the order dated 03.04.2025 of the Additional District and Sessions Judge, Kasganj (Session Case No.620 of 2021, case crime no.233 of 2021, Ss.-498A & 302 IPC, P.S. Sahawar, Distt. Kasganj) discharging prosecution witnesses Km. Divyanshi and Ritik; State opposed through learned AGA Sri Mohd. Shoib Khan. Held: discharge effected on the prosecution's own application involves no illegality; application REJECTED; accused free to take up the discharged witnesses as defence witnesses at the appropriate stage.
What did the court decide?
Since the daughter of the deceased Km. Divyanshi and the son of the deceased Ritik were discharged as prosecution witnesses on the application of the prosecution itself, there is no illegality in the impugned order.