Allahabad High Court
Sudhakar@ Gama vs State Of U.P. And 9 Others on 26 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:152327 Court No. - 91 Case :- APPLICATION U/S 482 No. - 24552 of 2023 Applicant :- Sudhakar@ Gama Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Abhishek Kumar Yadav,Ravindra Nath Yadav Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant and learned AGA for the State-respondents.
The instant Application U/S 482 Cr.P.C. has been filed to ensure the compliance of the order dated 01.10.2022 passed in complaint case No.18 of 2014, under Sections, 147, 148, 149, 304, 323, 504 and 506 IPC, Police Station-Jhagaha, District-Gorakhpur arose from the protest petition filed in case crime No.205A of 2013 as well as to decide along with the S.T. No.679 of 2014 arising out of case crime No.205 of 2013, under Sections 147, 148, 307/149, 302/149, 323/149, 120-B IPC and Section 3/2(5) of SC/ST Act and Section 3/25 as well as 25/27 Arms Act, Police Station-Jhagaha, District-Gorakhpur.
It is submitted by the learned counsel for the applicant that vide order dated 01.10.2022 accused persons were summoned for the offences under Sections under Sections, 147, 148, 149, 304, 323, 504 and 506 IPC. It is also submitted that after passing of the summoning order, nine months have lapsed but, learned court below could not ensure the presence of the complainant merely date is being regularly fixed for hearing.
On the other hand, learned AGA for the State has submitted that all the necessary steps have already been taken by the trial court and in case, applicant has any grievance, he may move an appropriate application before the court concerned in respect of the aforesaid prayer, as such, the present Application 482 Cr.P.C. filed by the applicant is nothing but an abuse of process of law, which is liable to be dismissed.
Having heard the submissions made by the learned counsel for the parties noted above and perusal of records, the instant Application is disposed of with a direction to the court below, in case applicant moves an application regarding the prayer aforesaid, the same shall be decided expeditiously as possible, strictly in accordance with law.
In above terms, the Application stands disposed off.
Order Date :- 26.7.2023 Ashutosh