Rajesh Singh and 4 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 35309 of 2023 Applicant :- Rajesh Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Supplementary affidavit filed today be taken on record.

¶2Heard learned counsel for the applicants and learned AGA for the State.

¶2The present application under section 482 Cr.P.C. has been filed for quashing the order dated 3.5.2023 as well as proceeding of S.S.T. No. 970 of 2023 (State vs. Rajesh and others) arising out of Case Crime No. 15 of 2021, under Sections 147, 148, 149, 302, 307 and 504 IPC, P.S. Kargol, District Agra, pending before the court learned Special Judge (SC/ST Act), Agra.

¶3Learned counsel for the applicant submitted that during the course of trial, he has moved an application dated 27.4.2023 under Section 294 Cr.P.C. for taking certain additional evidence on record, which was rejected vide order dated 3.5.2023 only on the ground that negatives of the photograph are not attached with the application. He firmly submitted that in present days of modern technology for clicking photographs from Camera, Mobiles or any other device, there is no need of camera reel or negatives, therefore, ground so taken by trail Court cannot be accepted. He lastly submitted that impugned order dated 3.5.2023 suffers non application of mind, therefore, same is bad and liable to be set aside.

¶4Learned AGA has opposed the submission, but could not dispute the aforesaid facts.

¶5I have considered the rival submissions advanced by the learned counsel for the parties and perused the record as well as impugned order dated 1.5.2023. From perusal of the same, it is apparently clear that impugned order dated 3.5.2023 has been passed only on the ground that negatives of the photograph are not produced with the application. Certainly, as on date for clicking photographs from Camera, Mobiles or any other device, there is no need of camera reel or negatives.

¶6Therefore, under such facts and circumstances of the case, impugned order dated 3.5.2023 is hereby quashed and application is allowed. Matter is remanded back to learned Special Judge (SC/ST Act), Agra to pass fresh order in accordance with law maximum within a period of four weeks from the date of production of certified copy of this order. Order Date :- 30.10.2023 Junaid High Court of Judicature at Allahabad