Subhash vs State Of U.P. And Another
2023 Latest Caselaw 2110 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 91
 

 
Case :- CRIMINAL REVISION No. - 4732 of 2022
 
Revisionist :- Subhash
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Santosh Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Heard learned counsel for the revisionist and learned A.G.A.

This revision has been filed against the judgment and order dated 27.09.2022 passed by Additional District and Sessions Judge/Special Judge, M.P./M.L.A., Hapur in Special Session Trial No. 111 of 2014 (State vs. Subhash) arising out of case crime no. 578 of 2013 under section 364 I.P.C., Police Station Hapur Nagar, District Hapur whereby the application under section 311 Cr.P.C. of the revisionist has been rejected.

Learned counsel for the revisionists submits that some questions were left to be asked from PW-2 Har Kishan whose statement was recorded on 28.3.2022 and in the interest of justice, he be recalled and permission be given to ask certain left over questions.

On the other hand learned A.G.A. has submitted that these are the some basic question which ought to have been asked when the statement of PW-2 was recorded. It seems that now the PW-2 and the revisionist have compromised the matter and the PW-2 may change his earlier statement. He has further submitted that the evidence is almost complete and the statements of FIR writer and the Investigating Officer have also been recorded and prosecution has closed its evidence. He has further submitted that this application has been submitted just to delay the trial and to get the negative answer from PW-2 so conflicting statement of PW-2 may occur on the record. After that, this application has been filed.

After considering the rival submission and facts and circumstances of this case, this Court does not see any jurisdictional error, illegality or impropriety, revision lacks merit and it is accordingly, dismissed.

Order Date :- 19.1.2023

AU