Court No. - 86
Case :- APPLICATION U/S 482 No. - 12364 of 2021 Applicant :- Smt. Puspa Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for State and perused the record.
This application under Section 482, Cr.P.C. has been filed to decide the proceedings of Session Trial No. 850 of 2018 arising out of Case Crime No. 464 of 2017 (State Vs. Niranjan and Others), under Sections 308, 323, 325, 452, 504 and 506 I.P.C., Police Station- Debai, District- Bulandshahar pending in the Court of Additional Session Judge Anoopsharar, District- Bulandshahar along with the proceedings of cross case namely Criminal Case No. 867 of 2021(old no. 5787 of 2018) arising out of Case Crime No. 562 of 2017 (Niranjan Vs. Bijendra & Others), under Sections 452, 323, 504 and 506 I.P.C., Police Station- Debai, District- Bulandshahar, pending in the Court of First Civil Judge (Junior Division), Bulandshahar.
Both the First Information Reports were lodged and investigated by the Police Station- Debai, District Bulandshahar, whereas subsequent First Information Report was lodged through the application under Section 156 (3) Cr.P.C., though the event, date, place and time are the same asserting subsequent First Information Report in Criminal Case No. 867 of 2021 arising out of Case Crime No. 562 of 2017 (Niranjan Vs. Bijendra & Others) is as a cross case of the earlier First Information Report Case Crime No. 464 of 2017 (State Vs. Niranjan and Others).
It is provided that if the applicants move an application before the Magistrate concerned for the committal of the case to the Court of Session, the Magistrate may consider and decide the aforesaid application and pass an appropriate order in accordance with law as expeditiously as possible preferably within a period of one month from the date of production of a copy of this order before it.
Under the observations, the application is disposed of finally.
Order Date :- 16.8.2021 Rameez