Dismissed¶¶21

Naresh Yadav @ Naresh Kumar Yadav @ Naresh Kumar v. the State of Bihar

Patna HC2 May 2025CR. APP (SJ)/565/2023

Case brief

AI extract

What is this about?

Patna HC dismisses appeal against rejection of S.311 CrPC applications in SCST 313/2017 (Mahila PS 66/2016, Madhepura); trial at conclusion stage, parties finally heard 2022, opportunities unavailed; impugned order 08.12.2022 upheld as well-reasoned; direction issued to conclude trial within one month; keywords: Section 311 CrPC, recall/re-examination of witnesses, cross-examination denial, SC/ST trial, expeditious conclusion of trial.

What did the court decide?

No substantive relief to the appellants; appeal dismissed, with a direction to the trial court to conclude the trial within one month from receipt/communication of the order. ¶¶21

Naresh Yadav @ Naresh Kumar Yadav @ Naresh Kumar Vs the State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.565 of 2023

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Arising Out of PS. Case No.-66 Year-2016 Thana- MAHILA P.S. District- Madhepura

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======================================================

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NARESH YADAV @ NARESH KUMAR YADAV @ NARESH KUMAR Son of Late Rameshwar Yadav R/v- Sabaila, P.S. and District- Madhepura

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RENU DEVI Wife of Naresh Yadav R/v- Sabaila, P.S. and DistrictMadhepura

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR

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KAJAL KUMARI D/o Radhe Paswan R/v- Sabaila, P.S. and DistrictMadhepura

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Durgesh Kumar For the Respondent/s : Mr.Usha Kumari-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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3 02-05-2025

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Heard the learned counsel for the appellants.

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The present appeal has been preferred by the appellants for quashing the order dated 08.12.2022 passed in SC/ST No.313/2017, arising out of Mahila P.S. Case no.66 of 2016 by learned Additional District and Sessions Judge, 1^st - cum Special Judge, Madhepura, whereby the application of the appellants u/s 311 Cr.P.C. has been rejected without allowing the appellants to cross-examine Kajal Devi (P.W.4) and Kanchan Devi (P.W.6).

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From perusal of the impugned order, it appears that

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Patna High Court CR. APP (SJ) No.565 of 2023(3) dt.02-05-2025 2/3

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the trial pending before the SC/ST Court, Madhepura is on the verge of conclusion. The evidences of both the parties have been concluded. Arguments of both the parties were also concluded. Thereafter, the appellants filed an application on 28.01.2020 for giving an opportunity to adduce some additional evidences and the documents produced by thye appellants were exhibited by the court below and both the parties were finally heard on 06.07.2022. Again the parties were heard on 15.10.2022. Then an application under Section 311 was filed by the appellants to adduce some documents as evidences in the court below which was rejected on 18.10.2022 and an again an application was filed under section 311 of the CrPC which was rejected by the impugned order.

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From perusal of the impugned order, it appears that both the parties were finally heard in the year 2022 and thereafter a number of opportunities have been given to the appellants to adduce their evidences to which they could not avail.

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