Kanhaiyya Alias Ravi Chauhan vs State Of U.P. And 3 Others
2024 Latest Caselaw 17737 ALL

Allahabad High Court

Kanhaiyya Alias Ravi Chauhan vs State Of U.P. And 3 Others on 17 May, 2024

Author: Samit Gopal

Bench: Samit Gopal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:89399
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 14720 of 2024
 

 
Applicant :- Kanhaiyya Alias Ravi Chauhan
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Bhuvnesh Kumar Singh
 
Counsel for Opposite Party :- Akhilesh Kumar Yadav,Deepak Kumar Prajapati,G.A.
 

 
Hon'ble Samit Gopal,J.
 

1. List revised.

2. Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant, Sri Deepak Kumar Prajapati, learned counsel for the opposite party no.2 and Sri Triveni Saran Rai, learned counsel for the State and perused the record.

3. The present application under Section 482 Cr.P.C. has been filed by the applicant Kanhaiyya Alias Ravi Chauhan with the following prayers:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 05.03.2024 passed by Additional Session Judge/Special Judge (Pocso Act), Bijnor in Sessions Case No.762 of 2020 (State Vs. Kanhaiyya alias Ravi Chauhan) arising out of crime no.146 of 2020 under section 376(3), 323, 506 I.P.C., 4, 18 of Pocso Act, and 3(2)5, 3(2)5a of S.C./S.T. Act, P.S.-Kiratpur, District-Bijnor and direct to the learned Additional Session Judge/Special Judge (Pocso Act), Bijnor to hear and decide the applicant ? 7 filed by the applicant under section 311 Cr.P.C. afresh or direct to the court below to recall the witness PW 1, PW 2 and PW 3 for cross examination in the aforesaid trial.

It is further be pleased to stay the effect the further proceedings of Sessions Case No.762 of 2020 (State Vs. Kanhaiyya alias Ravi Chauhan) arising out of crime no.146 of 2020 under section 376(3), 323, 506 I.P.C., 4, 18 of Pocso Act, and 3(2)5, 3(2)5a of S.C./S.T. Act, P.S.-Kiratpur, District-Bijnor pending before the Additional Session Judge/Special Judge (Pocso Act), Bijnor or direct to the court below not to deliver final judgment in aforesaid sessions case, during the pendency of the present Criminal Misc. Application before this Hon'ble Court and/or pass any other and further order which the Hon'ble Court may deem fit, otherwise the applicant shall suffer irreparable loss and injury."

4. After some arguments learned counsel for the applicant submits that the present application under Section 482 Cr.P.C. is lacking for some documents and as such the same be dismissed as withdrawn with liberty to file better petition.

5. Prayer is allowed.

6. The present application is dismissed as withdrawn.

7. Certified copies, if any, be returned as per rules.

Order Date :- 17.5.2024

M. ARIF

(Samit Gopal, J.)