Allahabad High Court
Jai Kartar Singh Tomar vs State Of U.P. And Another on 6 December, 2019
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 1317 of 2008 Applicant :- Jai Kartar Singh Tomar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Raghav,Amarnath Tiwari,Neeraj Agrawal,S.P. Singh Raghav Counsel for Opposite Party :- Govt. Advocate,K.K.Shangloo Hon'ble Rajeev Misra,J.
Case called out in revised list. No one appears on behalf of applicant to press this application. Learned A.G.A. representing opposite party No. 1 is present.
This application under section 482 Cr. P. C. has been filed for a direction to Fast Track Court No. 6, Ghaziabad (Additional Sessions Judge), Ghazaiabad to frame charge under Sections 323/324 I.P.C. against the applicant and not under Section 307 I.P.C. in Sessions Trial No. 880 of 2007 (State Vs. Jai Kartar Singh Tomar).
It transpires from record that Court below passed an order dated 4.1.2008, whereby charge under Section 307 I.P.C. was framed against the applicant. However, order dated 4.1.2008, which relates to framing of charge, has not been specifically challenged in this Criminal Misc. Application. Present application was filed through Mr. Anil Raghav, Advocate. Subsequently, counsel for applicant died and therefore notices were issued to applicant to engage another counsel. Office has submitted a report dated 15.12.2019 stating therein applicant has been personally served. However, in spite of aforesaid, applicant has chosen not to contest the present application. The order framing charge is revisable under Section 397 Cr. P. C. It is well settled that where a remedy is provided under the Code of Criminal Procedure, then in that eventuality an application under Section 482 Cr. P. C. shall not be maintainable.
Apart from above, having gone through the order dated 4.1.2008, this Court does not find any illegality or perversity in the same.
In view of above, no case for interference is made out in this application.
It is, accordingly, dismissed.
Office is directed to inform the Court below about this order within 48 hours by FAX.
Order Date :- 6.12.2019 HSM