Court No. - 41
Case :- APPLICATION U/S 482 No. - 40900 of 2018 Applicant :- Mohit@Kallu Opposite Party :- State Of Up And Another Counsel for Applicant :- Manju Savita,Ajay Sengar Counsel for Opposite Party :- G.A.,Avdhesh Narayan Tiwari
Hon'ble Vivek Chaudhary,J.
The applicant has challenged the order dated 26th April, 2017 passed by learned Additional Sessions Judge, Court No.2, Jalaun at Orai in S.T. No. 48 of 2017 (State of UP vs. Mayak Pandey & others) under Sections 147, 148, 149, 323, 324, 325, 326, 504, 506 & 308 IPC, P.S.- Rampura, District- Jalaun.
The sole submission of the counsel for the applicant is that under Section 149 of IPC, a minimum of five persons were required to be accused. However, in the present case when the summoning order was issued only against two persons. The order dated 26.04.2017 has been challenged in October, 2018 by the applicant.
Counsel for the applicant has also relied upon two judgements in the Case of Subran @ Subramanian vs. State of Kerala reported in 1993(3) SCC 32 and Amar Singh vs. State of Punjab reported in 1987(1) SCC 679.
Sri Gaurav Kumar Shukla, learned Advocate holding brief of Sri Avadhesh Narayan Tiwari has filed his power today for opposite party no. 2. He points out to the Court that under Section 319 of Cr.P.C. by order dated 09.10.2018, the Ist learned Additional Sessions Judge, Jalaun, Orai, has summoned five more persons- Arvind Kumar and four others. The said order was challenged but the same was also rejected. Hence, the order stands final today. As on date, there are five more persons summoned under Section 149 of CrPC and hence the present application, as filed before this Court by the applicant, is not maintainable.
Having heard the counsels for the parties, I find that the present application is only to delay the proceedings. The order of the year 2017 was never challenged earlier, for more than one year and in the meanwhile, the facts of the case have changed. The applicant may have had the same case earlier but today, with the changed facts as now more than 5 persons are summoned under Section 149 of CrPC his argument has no force.
Hence, as on date, this Court cannot entertain this application. Accordingly, this application u/s 482 is dismissed.
Order Date :- 21.2.2019 P Kesari