Allahabad High Court
Shatish vs State Of U.P. And Another on 18 September, 2019
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 24053 of 2008 Applicant :- Shatish Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- Govt. Advocate Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajay Sengar, learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A.-I for the State-respondent.
This Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to quashing the order dated 19.3.2008 passed by learned Additional Sessions Judge, Jalaun at Orai, District Jalaun in Sessions Trial No.112 of 2007 (State of U.P. Vs. Priveen Kumar & Others), Police Station Jalaun, District Jalaun, pending in the Court of learned Additional Sessions Judge, Jalaun at Orai.
Learned counsel for the applicants submitted that the there are no evidence against the applicant to initiate the proceedings and the concerned Court below has totally ignored the fact that the applicant is a guardian& being the real father of the "accused-Praveen Kumar only on the version that the applicant has afforded a room to Praveen Kumar at Hariyana Gudgown" and merely on the basis of said statement, no offence is made out against the applicant, because the applicant has not committed any conspiracy at all. It is further submitted that the name of the applicant has came into light in the statement of P.W.-1 and P.W.-2 and the applicant has been summoned by way an application moved under Section 319 Cr.P.C. only on the basis of prima facie evidence, which is bad in law. Learned counsel for the applicant has placed reliance on the following judgement:-
Labhuji Amratji Thakor & Ors. Vs. State of Gujrat & Anr. (Criminal Appeal No.1349 of 2018) (Arising out of SLP (Crl) No.6392 of 2018) D/d 13.11.2018.
Babubhai Bhimabhai Bokhiria and Another Vs. State of Gujrat and others (Criminal Appeal No.735 of 2014 (@Special Leave Petition (Crl.) No.9184 of 2008) D/d 3.4.2014.
Alamelu and another Vs. State Rep. by Inspector of Police (Criminal Appeal No.1053, 1062, 1063 of 2009) D/d 18.1.2011.
Learned counsel for the opposite party no.2 and learned A.G.A. for the State-respondent have justified the order impugned and submitted that the order impugned does not suffers from any illegality or infirmity which may warrant any interference by this Court.
Considering the facts and circumstances of the case and submissions as advanced by he counsel for the parties, the present 482 Cr.P.C. application is disposed of with the direction to learned Additional Sessions Judge, Jalaun at Orai to consider and decide the Sessions Trial No.112 of 2007 (State of U.P. Vs. Priveen Kumar & Others), Police Station Jalaun, District Jalaun, pending in the Court of learned Additional Sessions Judge, Jalaun at Orai, as expeditiously as possible in accordance with law, preferably within a period of six months from the date of production of a certified copy of this order, after hearing the concerned parties without granting unnecessary adjournment to either of the parties, in case the proceedings of the aforesaid case is not stayed by any Court.
However, it is provided that till the disposal/conclusion of aforesaid case, no coercive action shall be taken against the applicant, provided the applicant shall cooperate with the trial.
In view of the above, this 482 Cr.P.C. application stands disposed of.
Order Date :- 18.9.2019 Dev/-