Leave granted.
This appeal challenges the judgment and order dated 18.04.2022
passed by the High Court of Judicature at Allahabad in Application
moved under Section 482 of the Code of Criminal Procedure, 1973
being No.19717 of 2021.
The appellant is the informant at whose instance Crime No.1592
of 2016 was registered at Police Station Sihani Gate, Ghaziabad,
Uttar Pradesh, against respondent no.2, for the offences punishable
under Sections 328, 376, 504, 506 of the Indian Penal Code, 1860.
After cognizance having been taken by the Trial Court,
Criminal Case No.192 of 2019 is presently pending.
During the pendency of the trial, application Exh. 61Kha was
moved on behalf of the appellant praying that Principal/In-
SignatureCharge/concernedNot Verified Officer of Kendriya Vidyalaya No.4 DLW Campus, BABITA PANDEY
sheet of the appellant. The attempt was thus to prove the age of
the appellant which would have certain bearing upon the kind of
offence which, if proved, would be said to have been committed.
The application was accepted by the Trial Court as a result of
which the concerned person was summoned as a witness and the
document was placed on record. It may be noted here that the Admit
Card issued by the Examining Authority was already on record and as
a result of this exercise, mark-sheet of the appellant also got
produced on record.
In the meantime, the order passed by the Trial Court accepting
the application preferred by the appellant was under challenge in
Application No.19717 of 2021 at the instance of accused/respondent
no.2 herein. By order presently under challenge, the High Court
accepted the submissions advanced on behalf of the accused and was
pleased to set-aside the order passed by the Trial Court.
The result thus is that though the document is on record after
the person was duly examined as a witness, the order on the basis
of which the document was placed on record, now stands set-aside.
Having considered the matter carefully, in our view, the
application preferred by the appellant was rightly allowed by the
Trial Court and there was no occasion for the High Court to set-
aside the order passed by the Trial Court.
We, therefore, allow this appeal; set-aside the view taken by
the High Court and restore the order dated 12.11.2021 passed by the
Trial Court in connection with Application Exh. No.61Kha in
Criminal Case No.192 of 2019.
With these observations, the appeal is allowed.
(J.B. PARDIWALA) New Delhi, September 29, 2022