Allahabad High Court
Sher Singh vs State Of U.P. And Another on 6 May, 2022
Author: Mohd. Aslam
Bench: Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- APPLICATION U/S 482 No. - 17903 of 2021 Applicant :- Sher Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Tiwari,Ranvijay Chaubey Counsel for Opposite Party :- G.A.,Vivek Kumar Mishra Hon'ble Mohd. Aslam,J.
None present on behalf of the applicant even in the revised call. Learned counsel for opposite party no.2 as well as learned A.G.A. for the State are present.
The instant application under Section 482 Cr.P.C. has been filed on behalf of the applicant- Sher Singh seeking quashing of the impugned order dated 23.09.2021 passed by learned Special Judge (E.C. Act)/Additional Sessions Judge, Court No.4, Moradabad in Session Trial No. 103 of 2007 (State vs. Girish Pal & others), whereby the application (paper no.64-B) moved by the applicant for deciding the instant case and its cross case by the same court being Session Trial No. 748 of 2019 (State vs. Rajendra Singh & others), under Sections 147, 148, 323, 307 I.P.C., was rejected by the court below on the ground that this case is pending for thirteen years and accused-applicant has not disclosed about the pendency of cross-case. It is further observed that cross-case is committed to the court of sessions and yet no evidence is recorded in the cross-case. It is further observed by lower court that this Court has directed to decide this session case expeditiously and the Session Trial No. 103 of 2007 is running in defence evidence.
The instant application under Section 482 Cr.P.C. is dismissed for want of prosecution.
Order Date :- 6.5.2022 Vikas