Court No. - 79
Case :- APPLICATION U/S 482 No. - 43452 of 2019 Applicant :- Hazi Izlal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,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 impugned order dated 18.10.2019, 24.10.2019 and 6.11.2019 passed by Additional Session Judge/Special Judge (Gangster Act), Meerut, in Special Case No.114 of 2008 (State Vs. Izlal & others), arising out of Case Crime No.190 of 2008, under Sections 302, 364, 201, 404, 147, 148, 149 IPC, Police Station Kotwali, District Meerut, whereby the application bearing paper no.664-Kha, 665 Kha and 666 Kha has been dismissed/rejected.
By the impugned order, the application no.666 Kha moved by he applicant under Section 313(5) Cr.P.C. was rejected by the learned trial Court and in that application it was prayed that as per provision under Section 313(5) Cr.P.C. the applicant has permitted to file written statement and for that purpose one week time sought from the Court. The learned trial Court after hearing the prosecution rejected that application.
Learned counsel for the applicant has submitted that the applicant was not able to put his defence properly and great injustice will be passed to the accused, if he is not able to give his defence in the learned trial court and the learned trial Court has committed the abuse of process and not allowing the application of the applicant for granting one week time for filing the written statement as provided under Section 313(5) Cr.P.C.
Learned A.G.A. for the State has opposed the prayer and submitted that the sole purpose of this applicant is to delay the trial as the matter is pending since 2008 and trial has yet not been completed.
After considering the rival submission and facts and circumstances of this case without mentioning anything about the merits of this case, this application is disposed of with the direction that the applicant will file a written statement under Section 313(5) Cr.P.C. within one week and learned trial Court will decide the trial thereafter.
Let a copy of this order be provided to the learned counsel for the applicant tomorrow itself.
Order Date :- 28.11.2019 Mini