Court No. - 3
Case :- APPLICATION U/S 482 No. - 17347 of 2019 Applicant :- Krishna Kumar Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Shailesh Verma Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Shailesh Verma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482, Cr.P.C. has been filed with the request to quash the impugned order dated 20.2.2019 passed by the District and Session Judge, Basti in Misc. Criminal Complaint Case No.14/12/2019 under Section 340 read with 195, Cr.P.C. for the offence under Sections 181, 193, 196, 197, 198, 199, 200, 209, 471, 420, 466, 467, 468, 474, 475, 120B, IPC, P.S. Kotwali, District Basti (Krishna Kumar Vs. Chandra Bhushan Mani Tripathi and others) by which learned trial court has kept the application under Section 340, Cr.P.C. to be disposed of at the time of the merit of Civil Appeal No.90/2018.
The contention of the learned counsel for the applicant is that the evidence, which is filed in the appeal by the opposite party, was forged, fabricated and manipulated and therefore, by invoking Section 340, Cr.P.C. he wanted that some action may be taken against the opposite party.
Learned A.G.A. has vehemently opposed the prayer of the learned counsel for the applicant.
From the perusal of the impugned order it appears that one application under Section 340, Cr.P.C. was given in Civil Appeal No.90/2018, which is pending before the learned trial court. The learned trial court took a view that the application under Section 340, Cr.P.C. will be considered at the time of disposal of the appeal on merits and at that time it will be seen whether the alleged documents were forged or fabricated or not.
Considering the fact that still the matter is pending before the learned trial court and no final order has yet been passed, I do not find it to be appropriate case for interference in the impugned order.
It has been requested by learned counsel for the applicant that a direction may be issued to the learned appellate court for expeditious disposal of the appeal.
In view of the request made by learned counsel for the applicant, it is expected that the Civil Appeal No.90/2018 be disposed of preferably by the learned trial court within six months.
With this observation, this application is disposed of. Order Date :- 10.6.2019 T. Sinha