Court No. - 79
Case :- APPLICATION U/S 482 No. - 41825 of 2019 Applicant :- Charan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kishor Gupta,Shiv Shankar Gupta Counsel for Opposite Party :- G.A.,Virendra Singh Parmar
Hon'ble Ajit Singh,J.
Heard learned counsel for applicant, Shri Ram Kishore Gupta, learned counsel for opposite party No. 2, Shri Virendra Singh Parmar and learned A.G.A. appearing for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned order dated 07.11.2019 passed by learned Additional District and Sessions Judge/Special Judge (D.A.A), Hamirpur in S.T. No. 48 of 2014 (State Vs. Deepak and others) arising out of Case No. 701 of 2013, under Sections 147, 148, 149, 302, 120-B, 427 I.P.C., Police Station Kurara, District Hamirpur.
By the impugned order the Session Court rejected the application 429 Kha which was moved on behalf of accused persons in Case Crime No. 701 A of 2013 and it was mentioned in that application that the cross case registered as Case Crime No. 701 A of 2013 under Sections 147, 148, 149, 302 of IPC, Police Station Kurara, District Hamirpur is pending in the court of learned Chief Judicial Magistrate, Hamirpur and that case has yet not been committed because earlier in Case Crime No. 701 A of 2013 the Investigating Officer has submitted a final report, which was later on rejected by the Court and the accused persons were summoned and against that summoning order a revision was preferred, which was rejected by the Revisional Court. Against that order the accused persons moved this Court under Section 482 Cr.P.C. in Application No. 30062 of 2018 in which this Court again directed the Chief Judicial Magistrate, Hamirpur to pass an order afresh after hearing both the parties and in compliance of the orders of this Court the Chief Judicial Magistrate, Hamirpur rejected the final report submitted in Case Crime No. 701 A of 2013 and ordered that the case be tried as complaint case in which the statement of complainant under Section 200 Cr.P.C. and that of four witnesses under Section 202 Cr.P.C. have been examined; other evidence has yet to be recorded and no final summoning order against the proposed accused has been passed.
It has been stated by the applicant in his application paper No.
429 Kha that the matter which is pending in the Court of learned Chief Judicial Magistrate, Hamirpur is a cross case of ST No. 48 of 2014 (State Vs. Deepak Yadav and others) and the cross case was yet not committed to the Court of Session and it was submitted that trial of both the cases should be commenced together and both the cases should be tried by the same Court. it was prayed that judgement in the Session Trial No. 48 of 2014 be passed along with Case Crime No. 701 A of 2013. The said application moved by the accused persons was rejected by the impugned order and learned Trial Court has opined while considering the said application that since there has earlier been an order passed by this Court in the Writ Petition No. 24247 of 2014 directing that trial of ST No. 48 of 2014 be completed within six months and looking to the said direction issued by this Court the trial proceedings could not be stayed, the application moved by accused persons was not found liable to be allowed.
The learned counsel for the applicant has submitted that in the interest of justice in S.T. No. 48 of 2014 no judgement should be passed as its cross case is pending in the Chief Judicial Magistrate's Court and both the cases should be tried as cross case as has been held by the Hon'ble Apex Court in State of Madhya Pradesh Vs. Mishri Lal (Dead) and others, Criminal Appeal No. 489 of 1996 decided on 02.04.2013. But to a pointed query made by this Court that as to whether a case which has not yet been committed for trial, can be tried together with a case where already there is an order by this Court for expeditious disposal within six months, the learned counsel for applicant could not reply.
On the other hand, learned AGA appearing for State and learned counsel appearing on behalf of opposite party No. 2, Shri S.D. Jadaun, have vehmently opposed this application and it has been submitted that the the proposed accused persons of the Case Crime No. 701-A of 2013 have yet not been arrayed as accused persons and the complaint case is still pending in the Court of Chief Judicial Magistrate and no summoning order has been passed till now and it is not certain that they will be summoned in the aforesaid crime and the application given in the Lower Court and the application moved before this Court under Section 482 Cr.P.C. is premature.
After considering the rival submissions, the facts and circumstances of this case and considering that trial of the ST No. 48 of 2014 is pending since about six years and the same is about to conclude, only judgment is to be passed and the accused persons in Case Crime No. 701 A of 2013 have yet not been summoned, this Court finds that at present there is no cross case pending and the application is devoid of merit and deserves to be rejected. Moreover, the learned counsel for applicant could not point out any abuse of the process in passing the impugned order.
The application lacks of merit and is rejected.
Order Date :- 26.11.2019 LBY