Court No. - 79
Case :- APPLICATION U/S 482 No. - 40263 of 2019 Applicant :- Kusum Lata Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yadvendra Singh Counsel for Opposite Party :- G.A.,Geetam Singh
Hon'ble Ajit Singh,J.
Sri Akhilesh Singh, Advocate has filed his vaklatnama on behalf of the opposite party no.2, is taken on record.
Heard learned counsel for the applicant, Sri Akhilesh Singh, learned counsel for the opposite party no.2 and the learned A.G.A.
Present application under Section 482 Cr.P.C. has been filed against the impugned order dated 11.10.2019 passed by Special Judge SC/ST Act, Kasganj in S.T.No.281 of 2012 (arising out of Case Crime No.357 of 2012),, State Vs. Pappu Pradhan and others, under Sections 147, 302, 201 I.P.C. And 3(2) V of SC/ST Act, P.S. Soron, District Kasganj, by which the learned trial court has passed the order on an application no.444-B moved by the prosecution under Section 319 Cr.P.C. to summon the accused Master Singh Yadav to face trial was put in abeyance till the final decision of the aforesaid trial. Aggrieved by the said order, the present application has been filed.
The brief facts leading to this application are that first information report was lodged by the complainant, Kusum Lata, wife of the deceased. It was alleged in the first information report that the husband of the complainant was working as Village Panchayat Officer. It was mentioned in the application that the husband of the complainant was using SIM Nos.9456004229 and 7830509849 and steno Atar Singh, posted in the office of Chief Development Officer, Kashiram Nagar and A.D.O., Rajendra Pal Singh were used to call her husband again and again over mobile phone and said that Pappu Pradhan of Gangagarh is having any serious matter and on 27.05.2012 on the call of steno, the husband of the complainant went to Kasganj at about 5.30 p.m. and when the complainant tried to contact her husband then it was informed by some unknown person from the mobile number of the husband of the complainant that he is talking from Bareilly and then the complainant lodged a missing report about her husband. It was also mentioned in the first information report that on 28.05.2012 the complainant got the information that a dead-body is lying on the bank of a canal and later-on it was found to be the dead-body of her husband. It was further mentioned in the first information report that one Master Singh Yadav and Pappu Pradhan, Gangagarh, Atar Singh, Steno of C.D.O., A.D.O. Rajendra Pal Singh, Balbir Singh Yadav, Dushyant Yadav, Ex-Pradhan were putting undue pressure on the husband of the complainant and several times they have taken illegal money from her husband. It was alleged in the first information report her husband has been murdered with intention to remove the evidence, the dead-body was lying on the bank of a canal. On the basis of this information, the police registered a case as Case Crime No.357 of 2012. The matter was investigated and the police submitted the charge-sheet against seven persons in which Master Singh Yadav was exonerated by the police during investigation. An application under Section 319 Cr.P.C. was moved by the prosecution after recording the statement of PW-1, which was rejected by the trial court and against that order revision was filed before this Court, which was also dismissed by the revisional court vide order dated 28.07.2016 and the trial court recorded the statements of six witnesses. Again an application under Section 319 Cr.P.C. was moved on which the trial court passed an order that it will be finally decided at the stage of passing of final judgment in the trial. Aggrieved by the said impugned order dated 11.10.2019 the present application has been filed under Section 482 Cr.P.C.
It has been submitted by learned counsel for the applicant that the trial court has committed abuse of process by not finally deciding the application moved under Section 319 Cr.P.C. and it was necessary to pass suitable order on the application and by putting this application in abeyance till the passing of final judgment has caused irreparable loss to the prosecution side and the proposed accused is roaming free and he was earlier nominated by the first investigating officer in its charge-sheet. He further submitted that later-on the investigation was transferred and the second investigating officer exonerated Master Singh Yadav illegally.
Learned counsel appearing for the opposite party no.2 has submitted that the trial court has passed the justified and reasoned order by putting the application moved under Section 319 Cr.P.C. in abeyance till the final decision of the case. He further submitted that no abuse of process has been committed by the trial court.
After considering the rival submission and considering the facts and circumstances of the case this Court deems it fit that there is no illegality or impropriety in the impugned order, hence no interference is required by this Court. This application is finally disposed of with the direction to the trial court that before passing the final judgment in the aforesaid trial, decide the aforesaid application given under Section 319 Cr.P.C. and if the trial court considers that the accused Master Singh Yadav appears to be guilty after considering all the evidence then he will be summoned before passing the final judgment in the aforesaid case.
Order Date :- 28.11.2019 R./