Allahabad High Court
Bal Mukund Rai @ Ballu vs State Of U.P. on 26 July, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:120355 Court No. - 81 Case :- APPLICATION U/S 483 No. - 1132 of 2024 Applicant :- Bal Mukund Rai @ Ballu Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J.
Applicant-Accused has filed this application under Section 483 Code of Criminal Procedure with the prayer to direct the trial court to ensure the compliance of the orders of this court passed in Rama Shanker Mishra vs. State of U.P. and 6 others, Raju vs. State of U.P. and others, 2012 (78) ACC 111 and Dharmendra @ Patra vs. State of U.P. (Bail Application No. 31695 of 20212), and to pass a fresh order by way of further reports relating to FIR bearing Case Crime No. 3/2023, under Sections 376, 452, 323 IPC, Police Station Sadar Bazar, District Jhansi.
Learned counsel for the applicant-accused submits that there are directions given by the Hon'ble Supreme Court in two cases i.e. Perumal v. Janaki, (2014) 5 SCC 377 and State of Gujarat v. Kishanbhai, (2014) 5 SCC 108, but without complying with the said directions, the charge sheet under Section 173(2) Cr.P.C. against the applicant was filed, whereupon the cognizance against him has been taken. Learned counsel submits that it would be in the interest of justice, if, two decisions by the Hon'ble Supreme Court are directed to be implemented strictly in the case of the applicant.
During the course of hearing, it is not disputed by the learned counsel for the applicant that the order passed by the trial court in the case against the applicant has not been challenged.
In view of the above, no case is made out for issuance of any direction.
The application fails and is hereby dismissed.
Order Date :- 26.7.2024 Brijesh