{“_id”:”66f7fa28e09f92804403b14f”,”slug”:”high-court-said-criminal-trial-proceedings-are-like-an-aircraft-there-is-no-back-gear-2024-09-28″ ,”type”:”feature-story”,”status”:”publish”,”title_hn”:”High Court said: Criminal trial proceedings are like an aircraft, there is no back gear”,”category”:{“title” :”City & states”,”title_hn”:”City and States”,”slug”:”city-and-states”}}
This order has been given by the court of Justice Saurabh Shyam Shamsheri on the petition of petitioner Om Prakash Mishra and one other. The petitioner had challenged the order of the Varanasi CJM court resuming the proceedings under Section 244 of the Code of Criminal Procedure (CrPC) after starting the proceedings under Section 246.
Court decision. – Photo: Amar Ujala.
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Allahabad High Court canceled the order to start the process of recording the statement of the complainant again after the framing of charges in the trial court. The court said that the proceedings of a criminal case are like an aircraft, which does not have back gear. Forcibly starting the past proceedings after the proceedings have moved towards the next stage would be like pushing the tractor back.
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This order has been given by the court of Justice Saurabh Shyam Shamsheri on the petition of petitioner Om Prakash Mishra and one other. The petitioner had challenged the order of the Varanasi CJM court resuming the proceedings under Section 244 of the Code of Criminal Procedure (CrPC) after starting the proceedings under Section 246.
The matter is of Cantt police station area of Varanasi. The complainant had filed a complaint of robbery and assault against petitioners Om Prakash Mishra and Mansha Ram Mishra in the CJM court. The CJM court first framed charges under Section 246 CrPC on 24 May 2023 and then on the same date passed an order to initiate proceedings under Section 244 CrPC and fixed the date as 31 May 2023.
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