Court No. - 67
Case :- APPLICATION U/S 482 No. - 45090 of 2018 Applicant :- Ram Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Shyam Sunder Mishra, learned counsel for the applicant and learned AGA for the State.
By means of the present 482 Cr.P.C. application, the applicant is challenging the orders of the court below dated 22.1.2018 in S.T. No. 14 of 2016 arising out of case crime no. 382 of 2015, under Sections 354A, 304, 452, 506 and 336 IPC, P.S. Bindki, District Fatehpur by which application under Section 311 Cr.P.C. has been rejected.
Submission made by the counsel is that he has prepared a questionnaire for the limited purpose under Section 311 Cr.P.C. may be allowed.
Learned AGA vehemently opposed the application mentioning therein that by inordinate delay after 1-1/2 years, this application is moved which is in the stark contrast of ratio laid down by the Hon'ble Apex Court in the case of Umar Mohammad & Ors vs State Of Rajasthan decided on 12 December, 2007 in Crl. Appeal No.382-386 of 2004 reported in 2009 (3) SCC (Crl) 244 and in the case of Ratan Lal Vs. Prahlad Jat and others reported in 2017 SCC (Crl)729.
After hearing the rival submissions, I am of the considered opinion that moving an application after infordinate delay, without any justification reason, is directly in the contrast of the above mentioned judgement of Hon'ble Apex Court.
Thus I am not inclined to exercise my power under Section 482 Cr.P.C.. Accordingly, the present application lacks merit and is accordingly dismissed.
Order Date :- 21.1.2019 Abhishek Sri.