Court No. - 53
Case :- APPLICATION U/S 482 No. - 19459 of 2018 Applicant :- Iqbal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ratnesh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Shri Ratnesh Srivastava, learned counsel for the applicant and Shri M.P. Singh Gaur, the learned AGA for the State.
This application has been filed seeking a direction to the Judicial Magistrate to forward the statement of the prosecutrix recorded under section 164 Cr.P.C. to the Court of Additional District & Sessions Judge / Fast Track Court, Court No. 2, Moradabad where S.T. No. 435 of 2017 (State Vs. Nadeem) arising out of Case Crime No. 222 of 2016 under sections 366 and 376 IPC, Police Station - Asmoli, District - Sambhal is pending expeditiously within some stipulated period of time.
It has been submitted by the learned counsel for the applicant that the statement of the victim was recorded by the Magistrate in relation to Case Crime No. 222 of 2016, but on account of Judicial Magistrate, Sambhal not forwarding the said statement to the trial court, the Additional District & Sessions Judge / / Fast Track Court, Court No. 2, Moradabad, who has requisitioned the same the same a number of times as would appear from the perusal of the order sheet dated 08.03.2018, the proceedings of the trial court are getting delayed.
The Judicial Magistrate, Shabhal under the circumstances is ordered to forthwith and within three days of receipt of a certified copy of this order send the statement of the prosecutrix recorded under section 164 Cr.P.C. in Case Crime No. 222 of 2016 under sections 366 and 376 IPC, Police Station - Asmoli, District - Sambhal to the Court of Additional District & Sessions Judge / Fast Track Court, Court No. 2, Moradabad in S.T. No. 435 of 2017 (State Vs. Nadeem) arising out of the said crime and to submit a report to this Court in this regard by the next date fixed.
List this matter on 05.07.02018 by which time the report of the Judicial Magistrate, Sambhal must be forwarded to this Court. Office will communicate this order to the Magistrate concerned through the learned Sessions Judge, Sambhal forthwith and by all urgent means including e-mail and fax.
Order Date :- 29.5.2018 Amit Mishra