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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Subhash Vidyarthi
Sachin Kumar Verma @ Sachin Kumar Soni @ Pawan Soni – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. – Respondent
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Sri Devansh Singh Chauhan, learned counsel for the applicant, Sri Anurag Verma, learned AGA-I for the State, Sri Vikas Vikram Singh, learned counsel for opposite party no. 2 and perused the records.
2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has challenged validity of an order dated 13.02.2025 passed by the Session Judge, Raebareli in Session Trial No. 11 of 2020 rejecting an application under Section 233 Cr.P.C. filed by the applicant for summoning some police persons for being examined as his defence witnesses as also summoning some documents in evidence.
3. The aforesaid case was instituted on the basis of an FIR lodged on 10.10.2019 against the proprietor and staff members of Somu Dhaba at Raebareli stating that the dead body of the informant’s son was found by the police near a godown near Garhi Khas. Upon making an inquiry, the informant came to know that his son had gone to Somu Dhaba along with some other persons for having dinner. The proprietor and staff members of Somu Dhaba had assaulted the informant’s son with sticks and iron bars. The informant expressed an apprehension
A trial court must balance expediency and justice, allowing relevant defense witnesses to ensure a fair hearing, particularly in cases affecting personal liberty.
Point of Law : very object of enactment of Section 161 of the Cr.P.C. and Section 145 of the Evidence Act is to create a right in the accused to make use of the previous statements of the witnesses f....
The conviction upheld under the Official Secrets Act, determining that discovery of significant offending material justifies charges of anti-national activities, with the reliability of police testim....
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
Important Point:a) A criminal trial cannot be allowed to assume the character of fishing and roving enquiryb) it was the duty of the prosecution to ensure fair trial for both the prosecution and the ....
The court established that the power to summon additional accused under Section 319 of the CrPC is contingent upon the existence of prima facie evidence presented during the trial, and that the trial....
(1) Doctrine of judicial notice is an exception to general rules of evidence applicable for proving any fact by adducing evidence in Court of law – Except in rarest of rare cases, judicial notice of ....
The court emphasized the necessity of allowing applications under Section 233 Cr.P.C. to ensure a fair trial, particularly in serious criminal cases.
The accused has an absolute right to summon witnesses in defense, and the trial court must allow such requests unless there are cogent reasons to deny them.
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