Allahabad High Court
Rajesh Rajpoot And 4 Others vs State Of U.P. And Another on 30 April, 2015
Bench: Arvind Kumar Mishra-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 22
AFR
Case :- CRIMINAL REVISION No. - 1400 of 2015
Revisionist :- Rajesh Rajpoot And 4 Others
Opposite Party :- State Of U.P. And Another
Counsel for Revisionist :- Ankesh Ram Trivedi,R.S. Mishra
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the revisionists and learned AGA for the State.
By means of the instant revision, the impugned order dated 09.04.2015 passed by the Additional Sessions Judge, Kanpur Nagar in Sessions Trial No.153 of 2006 State Vs. Rajesh Kumar and others arising out of Case Crime No.821 of 2004 under Section 307, 302, 504, 147, 148, 149 I.P.C. Police Station Chakeri, District Kanpur Nagar, has been challenged on the ground that questions asked under Section 313 Cr.P.C. are beyond comprehension of the revisionists and they are unable to make any sense of the same and these questions are not simple but mixed one giving rise to various possibility. Questions under Section 313 Cr.P.C. must be specific and exact to the point.
Learned counsel for the revisionists submits that in this case, all the questions framed and put to the accused-revisionist are confusing and vague, the same cannot be answered properly as such.
Learned AGA has opposed the submissions raised on behalf of the revisionists on the ground that in this case, a direction was also issued earlier by this Court to expedite the proceedings of the trial court on day-to-day basis but the revisionists perhaps misread the questions so put to them under Section 313 Cr.P.C., copy of whereof has been placed on record as annexure no.2 to the affidavit filed in support of the instant revision which contains as many as 24/25 questions. Perusal of the same reflects that questions are very specific to the point and precise and one cannot sway away or confuse by the questions so put to ones.
Considered the above submissions and also perused the order impugned and annexure no.2, the so-called questions framed under Section 313 Cr.P.C. Learned counsel for the revisionists could not show specifically vagueness in any of 25 questions which they were unable to comprehend and answer properly. The trial court has categorically observed that all questions put to them are simple and precise.
Further the application 217-Ga so moved before the trial court and the order passed thereon cannot be said to be final order in view of the provisions of Section 397(2) Cr.P.C. Assuming it to be; that the application 217-Ga would have been allowed even then the proceedings could have been further stretched and the matter must have been pending in the same direction. Therefore, impugned order dated 09.04.2015 passed by the Additional Sessions Judge, Kanpur Nagar in Sessions Trial No.153 of 2006 State Vs. Rajesh Kumar and others arising out of Case Crime No.821 of 2004 under Section 307, 302, 504, 147, 148, 149 I.P.C. Police Station Chakeri, District Kanpur Nagar, is an interlocutory order as such the instant revision is not maintainable.
Accordingly, the instant revision is dismissed.
Order Date :- 30.4.2015
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