Dismissed¶10

Dharampal v. State of U.P. and 6 Others

Allahabad HC12 Aug 2025NA528/23877/2025

Case brief

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What is this about?

Keywords: Section 301 Cr.P.C.; Section 528 BNSS; assistance to prosecution by widow of deceased; informant's right to pursue trial; allegation informant tilted towards accused; Case Crime No.122 of 2023; P.S. Shergarh, District Mathura; framing of charge; application dismissed. Neutral Citation 2025:AHC:138155; decided 13.8.2025 by Hon'ble Avnish Saxena, J., High Court of Judicature at Allahabad.

What did the court decide?

The impugned order did not restrain the applicant-informant from pursuing the case; as informant he retains his right to pursue the case along with the wife of the deceased, Smt. Jagwati. ¶9

Dharampal Vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:138155

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Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 23877 of 2025 Applicant :- Dharampal Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.

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Hon'ble Avnish Saxena,J.

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Heard Sri Kuldeep Singh Chahar, learned counsel for the applicant and learned A.G.A. for the State.

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Learned counsel for the applicant submits that he is the informant of Case Crime No.122 of 2023, under Sections 147, 148, 302/34, 120-B I.P.C., Police Station Shergarh, District Mathura. After the framing of charge, an application has been moved by Smt. Jagwati, wife of late Kishan Singh with the contention that the deceased was her husband and the present applicant/informant is not taking interest in disposal of the case. As such, the wife of the deceased, Smt. Jagwati has moved the application that she may be permitted to pursue the case on behalf of prosecution.

¶6

Learned A.G.A. accepts notice for the State and opposed the prayer.

¶7

No requirement to issue notice to opposite party nos.2 to 7.

¶8

By the impugned order, the application has been allowed and the court has permitted the wife of the deceased, Smt. Jagwati to assist the prosecution in pursing the case.

¶9

The order does not reflect that at any point of time, the trial court has restrained the appearance of the present applicant to pursue with the case. The applicant is the informant of the said case crime number. As such, he has got his right to pursue the case along with the wife of deceased, Smt. Jagwati. The paramount consideration of the trial court is the just and fair prosecution of trial. There is allegation against the applicant that he has tilted towards the other side. In such exigency, the trial court has rightly acted upon in view of Section 301 Cr.P.C. considering that Jagwati being widow of deceased is real victim of the case.

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The applicant is not found to be aggrieved by the order. Hence, the application is dismissed .

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Order Date :- 13.8.2025 Shivangi

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(Avnish Saxena,J.)

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Dharampal v. State of U.P. and 6 Others

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Dharampal v. State of U.P. and 6 Others

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