Court No. - 73
Case :- APPLICATION U/S 482 No. - 6399 of 2019 Applicant :- Brajbhushan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 10.12.2018 passed by Additional Chief Judicial Magistrate, Court No. 10, Meerut in Criminal Case No. 3509 of 2018 (State Vs. Brajbhushan), under Sections 452, 307, 504, 506 I.P.C. and 27/30 Arms Act, Police Station Jaani, District Meerut, arising out of Case Crime No. 518 of 2018, now converted as S.T. No. 22 of 2019.
Learned counsel for the applicant submits that the committal order dated 10.12.2018 has been assailed only on the ground that the provision of Section 207 Cr.P.C. has not been complied with. In the affidavit filed in support of application, it has been clearly stated that before commitment of case under Section 209 Cr.P.C., no police report and other documents have been supplied to the applicant as provided under Section 207 Cr.P.C. and in the impugned order dated 10.12.2018, it has been wrongly transcribed that papers have been supplied to the accused. It is further submitted that on the entire order sheet, there is no receiving of police report or other documents as provided under Section 207 Cr.P.C. either by the applicant or his counsel and it has been wrongly transcribed on the order sheet that the papers have been supplied to the accused. It is next submitted that under such legal position, the committal order dated 10.12.2018 passed by Additional Chief Judicial Magistrate, Court No. 10, Meerut is bad in law and liable to be quashed.
Considering the facts and circumstances of the case, this application is disposed of with direction to the applicant to move an application within one week from today before the Additional Chief Judicial Magistrate, Court No. 10, Meerut for providing the documents in accordance with provision of Section 207 Cr.P.C. and in case such application is moved by the applicant within one week from today alongwith certified copy of this order, the court concerned shall decide the same in accordance with law within a period of four weeks thereafter.
Till the disposal of the application or for a period of six weeks from today, whichever is earlier, the order dated 10.12.2018 passed by Additional Chief Judicial Magistrate, Court No. 10, Meerut, shall not be given effect.
Order Date :- 21.2.2019/Rmk.