VARUN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Shailendra Singh Rajawat, learned counsel for the applicant, Sri Rajesh Kumar Singh along with Sri Alok Saran, learned A.G.A. for the State and perused the entire record.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed by the applicant for challenging the impugned order dtd. 9/9/2022 passed by the learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Court No.11, Lakhimpur Kheri rejecting the application submitted by the applicant under Ss. 231(2), 207 Cr.P.C. in Special Sessions Trial No.164 of 2019 arising out of Case Crime No.705 of 2018, under Ss. 307, 302 I.P.C., Police Station Mohammadi, District Lakhimpur Kheri. Application U/s 482 No.7509 of 2022 Page-1 of 17

(3.) Learned counsel for the applicant has submitted that the C.D. regarding alleged information given by the first informant to the Investigating Officer, Ex. SA-2 is not admissible in evidence as no certificate as required by Sec. 65B(4) of Indian Evidence Act has been furnished.