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2022 Supreme(All) 1241

AJAI KUMAR SRIVASTAVA I
Varun – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Home, Lko. – Respondent


Advocates Appeared:
For the Applicant : Shailendra Singh Rajawat, Akash Verma.

JUDGMENT :

1. Heard Sri Shailendra Singh Rajawat, learned counsel for the applicant, Sri Rajesh Kumar Singh along with Sri Alok Saran, learned A.G.A. for the State and perused the entire record.

2. The instant application under Section 482 Cr.P.C. has been filed by the applicant for challenging the impugned order dated 09.09.2022 passed by the learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Court No.11, Lakhimpur Kheri rejecting the application submitted by the applicant under Sections 231(2), 207 Cr.P.C. in Special Sessions Trial No.164 of 2019 arising out of Case Crime No.705 of 2018, under Sections 307, 302 I.P.C., Police Station Mohammadi, District Lakhimpur Kheri.

3. Learned counsel for the applicant has submitted that the C.D. regarding alleged information given by the first informant to the Investigating Officer, Ex. SA-2 is not admissible in evidence as no certificate as required by Section 65B(4) of Indian Evidence Act has been furnished.

4. Learned counsel for the applicant has further submitted that the object behind incorporation of Section 207 Cr.P.C. is to enable the accused to defend himself properly and it is achieved only by supplying of vi

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