Court No. - 44
Case :- APPLICATION U/S 482 No. - 23105 of 2018 Applicant :- Anand Srivastava Opposite Party :- State Of U.P. And 3 Other Counsel for Applicant :- Ram M. Kaushik,Priyanka Midha Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Ms.Priyanka Midha, learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for the following relief:
"P R A Y E R It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the court of Additional Chief Metropolitan Magistrate-I, Kanpur Nagar in Criminal New Complaint Case No. 3507 of 2017 (initially no. 909 of 2016 ((Anand Srivastava Vs. Vijay Srivastava and others) in clubbed case no. 2788/2000 U/s 255, 259, 260, 406, 420, 467, 468, 471 I.P.C. And in Second Complaint Case No. 4096 of 2005 (Anand Srivastava Vs. Vijay Srivastava and others) U/s 255, 260, 406, 420, 467, 468, 471, 408 I.P.C. Police Station-Nawabganj, District- Kanpur Nagar, for following the due process of law in summoning and issuing warrant against the respondent np.1 (Vijay Srivastava) in light of the order dated 27.04.2017 and the order of this Hon'ble Court dated 07.12.2017 failing which the applicant shall suffer irreparable loss and injury."
The present application came up for admission on 13.07.2018 and the Court passed the following order:-
"Heard Mr. Priyanka Midha, learned counsel for the applicant and the learned A.G.A. for the State.
This Court, vide order dated 7.12.2017 expedited the proceedings of complaint case No. 5589 of 2003 (old Criminal Complaint Case No. 2788 of 2000) (Anand Srivasava Vs. J.K. Srivastava and others) under Sections 255, 259, 260, 406, 420, 467, 468, 471 IPC, Police Station Nawabganj, district Kanpur Nagar. This Court directed the Court below to proceed with the matter by fixing of the date.
The grievance of the learned counsel for the applicant is that accused- opposite party No 2 is obstructing in expeditious disposal of the above mentioned complaint case by filing frivolous applications, on which no orders have been passed by the Court below.
Be that as it may, let a report be submitted by the Presiding Officer i.e. A.C.M.M., Court No. 4, Kanpur Nagar, regarding the status, progress of the above mentioned complaint case and details of all miscellaneous applications, which have been filed in the above mentioned complaint case on behalf of the accused categorically stating whether they are pending or decided. The requisite report should be submitted on or before 26.7.2018.
Put up as a fresh case on 27.7.2018 along with the aforesaid report."
In complaince of the order dated 13.07.2018 referred to above, the Chief Metropolitan Magistrate, Kanpur Nagar alongwith letter dated 24.07.2018 has submitted the report of the Presiding Officer dated 23.07.2018, which is taken on the record.
From the perusal of the report dated 23.07.2018 submitted by the Additional Chief Metropolitan Magistrate Court no. 8, Kanpur Nagar, it is evident that the case is still pending at the stage of committal. Admittedly, the case is triable by the Court of Session. Therefore, only after the disposal of all miscellaneous applications, the case will be committed to the Court of Session. The grievance of the learned counsel for the applicant is that on one ground or the other the pending applications are not being decided expeditiously leading to delay in the committal of the case before the Court of Session where full-fledge trial is to take up.
Considering the nature of allegations made, it is hereby directed that the Court concerned shall decide all pending applications within a period of three months from the date of production of a certified copy of this order and thereafter, pass an appropriate order regarding committal of the case, if necessary.
The certified copy of this order shall be filed by the applicant before the court below within a period of 10 days from today.
With the aforesaid observations, the present application stands finally disposed of.
Order Date :- 31.7.2018 YK