Allahabad High Court
Ramesh Arya vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 20 October, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 7592 of 2022 Applicant :- Ramesh Arya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Applicant :- Arvind Kumar Shukla,Supriya Singh Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Arvind Kumar Shukla, learned counsel for the applicant and Sri Arvind Kumar Singh, learned A.G.A. for the State.
In view of the order proposed to be passed, notice to opposite party nos.2 to 7 is dispensed with.
The instant application under Section 482 Cr.P.C. has been filed by the applicant, Ramesh Arya for quashing the impugned order dated 11.01.2022 passed by Additional Session Judge, SC/ST Act, Bahraich in S.T. No.974/2020, State vs. Mohammad Ahmad and others, arising out of case crime no.1148/2014, under Sections 147, 342, 323, 325, 504, 506, 387 I.P.C. & 3(1)(x) SC/ST Act, Police Station Kotwali Dehat, District Bahraich by which the Additional Session Judge, SC/ST Act has taken the application under Section 173(8) Cr.P.C. for further investigation, filed by opposite party no.2 to 7/accused persons.
Learned counsel for the applicant has submitted that the applicant has lodged a first information report bearing case crime no.1148/2014, under Sections 147, 342, 323, 325, 504, 506, 386 I.P.C. & 3(1)(x) SC/ST Act, Police Station Kotwali Dehat, District Bahraich against six accused persons i.e. opposite party nos.2 to 7. After conclusion of the investigation, charges sheet dated 20.12.2014 has been filed by the Investigating Officer under Sections 147, 342, 323, 325, 504, 506, 387 I.P.C. & 3(1)(x) SC/ST Act. Thereafter, the opposite party nos.2 to 7/accused persons have moved an application dated 11.01.2022 under Section 173(8) Cr.P.C. for further investigation of the case, which is still pending and in the garb of its pendency, the trial of the aforesaid case is not progressing. His further submission is that the application dated 11.01.2022, under Section 173(8) Cr.P.C. for further investigation of the case, at the behest of accused persons/opposite party nos.2 to 7, is not maintainable. Therefore, the impugned order dated 11.01.2022 deserves to be quashed.
Per contra, learned A.G.A. has opposed the prayer made by learned counsel for the applicant. However, he could not dispute the fact that the trial of the aforesaid case is pending since 2014.
Having heard learned counsel for parties and upon perusal of the record, it transpires that the first information report bearing case crime no.1148/2014, under Sections 147, 342, 323, 325, 504, 506, 386 I.P.C. & 3(1)(x) SC/ST Act, Police Station Kotwali Dehat, District Bahraich against six accused persons i.e. opposite party nos.2 to 7. After conclusion of the investigation, charges sheet dated 20.12.2014 has been filed by the Investigating Officer under Sections 147, 342, 323, 325, 504, 506, 387 I.P.C. & 3(1)(x) SC/ST Act. The application dated 11.01.2022, moved by the accused persons/opposite party nos.2 to 7, under Section 173(8) Cr.P.C. for further investigation of the case, is still pending and in the garb of its pendency, the trial of the aforesaid case is not progressing. It is undisputed that the trial of the aforesaid case is pending since 2014.
Therefore, without expressing any view on the merit of the case, it is provided that the learned Court below concerned shall decide the aforesaid application dated 11.01.2022, moved by the accused persons/opposite party nos.2 to 7, under Section 173(8) Cr.P.C. for further investigation of the case, expeditiously. preferably within a period of eight weeks from the date of production of certified copy of this order, without granting any unnecessary adjournments to the parties, in case there is no other legal impediment.
In view of the aforesaid, the instant application under Section 482 Cr.P.C. is disposed of, accordingly.
Order Date :- 20.10.2022 A.Dewal