Lawstreet Journal

Allahabad High Court Says that the valuable right of ‘Impartial Trial’ shall not be taken away from an accused charged with serious offence

Lawstreet Journal 26 Feb 2022 4:28am

Image courtesy: Lawstreet Journal Judiciary Allahabad High Court Says that the valuable right of ‘Impartial Trial’ shall not be taken away from an accused charged with serious offence

The Allahabad High Court recently in its judgement held, that an accused being charged with a serious offence cannot be denied the right of ‘Impartial Hearing’

The judgement was delivered by Justice Sanjay Kumar Singh, Allahabad High Court, while adjudicating a matter of an application U/s 482 of CrPC which was filed by the appellant against the order of the Additional Sessions Judge, Fast Track Court, and District Meerut.

The accused had requested the Bench of the Additional Sessions Judge to recall the victim and witnesses of the case for another cross examination.

Case History:

In December 2013 upon the pursuance of the first informant (victim herein), the complaint was registered against the accused and seven other people. The charges framed were U/s 498-A, 323,504,506,376 IPC and Sections 3/4 of the Dowry Prohibition Act 1961.

The complainant said in her FIR that since the inception of her marriage with Sunil (Applicant herein), her husband’s family kept coercing her to bring more dowry as they were not satisfied with the things received during marriage.

She further alleged the committal of rape by her husband and his brother in law. After the complaint got registered, investigation commenced, charge sheet was submitted, cognizance was taken and trial had begun.

During the trail, the examination-in-chief of the victim took place in February 2015, the cross examination took place in 2018 and October 2108. However, the further cross examinations that were scheduled for April 2019 could not be done by the counsel due to… Continue Reading...


Tagged: Allahabad High Court  
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