VIKRAM NATH, SANDEEP MEHTA
Suresh – Appellant
Versus
State Of U. P. – Respondent
| Table of Content |
|---|
| 1. summary of facts leading to fir (Para 2 , 3) |
| 2. arguments on the admissibility of testimonies (Para 6 , 7) |
| 3. court's view on the merits of the case and farewell to legal proof (Para 8 , 9 , 19 , 21) |
| 4. evidentiary principles regarding testaments not subjected to cross-examination (Para 10 , 12 , 18) |
| 5. conclusion quashing criminal proceedings against appellant (Para 23 , 24) |
ORDER :
1. Leave granted.
2. The present appeal is directed against the final judgment and order dated 1st September, 2025 passed by the High Court of Judicature at Allahabad, Lucknow Bench, in Application under Section 482 of the Code of Criminal Procedure, 19731[CrPC], being A482 No. 7219 of 2025, whereby the application preferred by the Appellant seeking quashing of the criminal proceedings instituted against him arising out of FIR No. 176 of 2006, registered for the offence punishable under Section 460 of the Indian Penal Code, 1860, came to be dismissed.
3. The facts, insofar as they are necessary for the adjudication of the present appeal, are briefly stated hereunder:
3.1 As per the FIR, during the intervening night of 29th/30th August, 2006, several incidents of theft were committed in Vill
Testimony untested by cross-examination lacks probative value; continuation of criminal proceedings on such basis constitutes an abuse of process.
(1) Evidence – All evidence would be “matters” but not vice versa.(2) A related witness can also be a natural witness – Mere non-examination of witness per se will not vitiate case of prosecution.
Conviction under IPC S.342 r/w 34 upheld on corroborated testimony of confinement; S.504 r/w 34 set aside as abuse lacked provocation for breach of peace. Revisional jurisdiction limited, absent perv....
The mandatory provision of Section 313 CrPC aims to afford the accused an opportunity to explain each and every circumstance and incriminating evidence against them, and failure to comply with this p....
Object of Section 165 of Evidence Act and Section 311 of Cr.PC is to enable Court to arrive at truth, irrespective of fact that prosecution or defence has failed to produce some evidence, which is ne....
The provisions of Section 299 of the CrPC and Section 33 of the Indian Evidence Act allow for the use of a deceased witness's statement as evidence in the absence of the accused, and the prosecution ....
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
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