Allahabad High Court
Pradeep Kumar Rai vs State Of U.P. on 6 January, 2017
Author: Amar Singh Chauhan
Bench: Amar Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 22 Case :- APPLICATION U/S 482 No. - 12 of 2006 Applicant :- Pradeep Kumar Rai Opposite Party :- State Of U.P. Counsel for Applicant :- P.C. Srivastava,S.P. Srivastava Counsel for Opposite Party :- Govt. Advocate,K.P.Pathak Hon'ble Amar Singh Chauhan,J.
List revised.
None appears on behalf of the parties to press this application, whereas learned Additional Government Advocate is present.
The applicant-Pradeep Kumar Rai, through this application moved under section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the impugned order dated 19.12.2005 passed by the learned Sessions Judge, Azamgarh in ST No. 94 of 2004, under sections 147, 148, 149, 302 IPC (State Vs. Vijai Bahadur and others) whereby the application moved u/s 311 Cr.P.C. by the prosecution was allowed on the ground that the witnesses should be contradicted by their statements recorded under section 161 Cr.P.C. as was obligatory by virtue of section 145 of the Evidence Act.
The application was allowed for just decision of the case.
I find no illegality in the impugned order. Moreover, the applicant is least interested to proceed with the case.
The application is rejected for non-prosecution.
Interim order, if any, stands vacated.
Office is directed to communicate this order to the court concerned within a week.
Order Date :- 6.1.2017 Ishrat