Shravan Yadav vs State Of U.P. And Another
2014 Latest Caselaw 4954 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 
A.F.R/Reserved
 

 
Case :- APPLICATION U/S 482 No. - 32516 of 2014
 
Applicant :- Shravan Yadav
 
Opposite Party :- State Of U.P. and another
 
Counsel for Applicant :- Rahul Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned AGA for the State.

The present application has been filed being aggrieved against the order dated 07.04.2014 by virtue of which the application filed by the applicant under Section 311 Cr.P.C. has been rejected. Learned counsel for the applicant submits that the applicant had filed an application under Section 311 Cr.P.C. seeking permission for recall of PW-8 Dr. G.C. Maurya. The reason as mentioned in the application itself is for cross-examination of the aforesaid witness with regard to the spleen injury, the said application is dated 05.02.2014 a copy of which has been annexed as Annexure 5 to the affidavit.

A perusal of the order dated 07.04.2014 shows that the Court below has rejected the same on the ground that sufficient cross-examination has already been done with Dr. G.C. Maurya with regard to the injury caused to spleen and the applicant-accused has already cross-examined the said doctor with regard to spleen injury and no other ground has been mentioned in the application under Section 311 Cr.P.C. and, thus, apparently, as per the Court below, the application under Section 311 Cr.P.C. has been filed with the sole intention of delaying proceeding which is pending since the year 2005, and, with the aforesaid conclusion the application 310-Kha has been rejected.

Having perused the application itself as well as the impugned order this Court finds that the Court below has given cogent reasons for rejecting application under Section 311 Cr.P.C.. No illegality or perversity has been pointed out with the said findings and, thus, this Court finds no good ground to interfere with the impugned order dated 07.04.2014 in exercise of its inherent power under Section 482 Cr.P.C.

Accordingly, the present application is dismissed.

Order Date :- 25.08.2014

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