Allahabad High Court
Indrasen And 25 Others vs State Of U.P. And Another on 29 November, 2022
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 25392 of 2022 Applicant :- Indrasen And 25 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Sri Rajeev Kumar Singh Parmar, learned counsel for applicants, submits that on same offences two proceedings were initiated. One by way of lodging FIR and other by way of filing complaint case. In complaint case summons were issued against applicants for offences under Sections 147, 148, 149, 395, 364, 452, 323, 308, 427, 504, 506 IPC and presently trial is in progress being Session Trial No. 13 of 2018. Meanwhile, in FIR investigation was conducted and thereafter charge sheet was filed on 20.02.2018 for offences under Sections 147, 148, 308, 323, 504, 506 IPC and 7 Criminal Law Amendment Act.
2. Learned counsel further submits that proceedings arising out of above referred session trial were challenged before this Court by filing Application under Section 482 Cr.P.C. No. 31341 of 2019. The application was disposed of with liberty to applicants to file application under Section 210 Cr.P.C. In these circumstances, applicants filed application under Section 210 Cr.P.C., however, the same was rejected by impugned order that charge sheet filed arising out of FIR is still before Court of Magistrate and there was no order on record for committal though the offences are triable by Session Court.
3. It is not in dispute that in the proceedings arising out of FIR, charge sheet is filed which involves offences triable by Session Court, therefore, the Magistrate has to pass an order for committal under Section 209 Cr.P.C. or under Section 323 Cr.P.C., as the case may be. Learned counsel for applicants has no instruction, whether trial has proceeded by Magistrate in the case arising out of FIR being Case Crime No. 075 of 2018 wherein after investigation charge sheet is filed, therefore, at this stage this application is disposed of with following directions:
(i) In case the Magistrate has still not passed any order under Section 209 Cr.P.C., he may pass an order within three weeks from today in the case arising out of Case Crime No. 075 of 2018, under Sections 147, 148, 308, 323, 504, 506 IPC and 7 Criminal Law Amendment Act taking note of the judgments passed by Supreme Court in Nathi Lal and others vs. State of U.P. and another 1990 (Supp.) SCC 145 and Sudhir and others vs. State of Madhya Pradesh (2001) 2 SCC 688.
(ii) In case Magistrate has proceeded for further trial he can pass order under Section 323 Cr.P.C. at appropriate stage.
(iii) Subsequent to orders passed under Sections 209 or 323 Cr.P.C., as the case may be, applicants are at liberty to file application under Section 210 Cr.P.C. in view of Nathi Lal (supra) and Sudhir (supra).
Order Date :- 29.11.2022/AK (Sl. No. 13 out of 236 fresh cases)