High Court of Judicature at Allahabad
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Harish Chandra v. State Of U.P. & Another - APPLICATION U/s 482 No. 3664 of 2007  RD-AH 3059 (23 February 2007)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed against the order dated 3.2.2007 Additional Sessions Judge/F.T.C. no. 17 district Bulandshahar in Sessions Trial No. 225 of 2005 whereby the application moved by the applicant has been rejected.
It is contended by the learned counsel for the applicant has moved an application for summoning the statement of the prosecutrix recorded under section 164 Cr.P.C. but the learned magistrate has illegality and arbitrarily rejected the same.
From the perusal of the record it appears that attempt was made to trace the statement of the prosecutrix, but the same is not available, for which an inquiry was also set up. The statement was a part of the record, a part of the investigation also. It has been recorded by the I.O. In the case diary and for proving the same, the I.O. has been examined in defence.
It is stated that such statement was recorded but subsequently, the statement of the prosecutrix was recorded under section 164 Cr.P.C in pursuance of the order passed by this court.
From the perusal of the record, it appears that there is no illegality or irregularity in the impugned order, therefore, the prayer for quashing the same is refused.
However, it shall be open to the applicants to raise all the pleas in defence before the trial court.
With this direction this application is finally disposed of.
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