Court No. - 65
Case :- APPLICATION U/S 482 No. - 36255 of 2019 Applicant :- Sandhya Suman Opposite Party :- State Of Up Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the applicant has prayed that he may be permitted to implead the accused in this case as opposite parties no. 2 to 6.
Learned A.G.A. has no objection if such prayer is allowed.
Learned counsel for the applicant is permitted to implead the accused persons as opposite parties no. 2 to 6 at the appropriate places of this application.
Heard Sri Mohd Imran Khan, learned counsel for the applicant and Sri Attrey Dutt Mishra, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to issue a direction to the court of A.C.J.M.-10 Allahabad to commit the case and conclude the trial/proceedings of Case No. 01/2015, arising out of Case Crime No. 301/2015, under Section 376, 506, 493, 504 I.P.C. 3(2)(5) and 3(1)(10) S.C./S.T.
Act, P.S. Shivkuti, District Allahabad within a stipulated period fixed by this Court.
The submission made by the learned counsel for the applicant in this case is that the charge sheet was submitted on 05.04.2016 which was prayed to be quashed in proceedings before this Court by moving application under Section 482 Cr.P.C. being 15296 of 2016 which was dismissed vide order dated 17.05.2016, thereafter an S.L.P. No. 5703 of 2016 was preferred which too was dismissed vide order dated 25.09.2018 which is annexed at page no. 38 of the paper book. He has also filed the certified copy of the order sheet which indicates that till date the accused has not appeared before the Magistrate where case is supposed to be committed to the Court of Sessions for trial, this being a sessions trial and prayed that a direction may be issued to the court concerned to commit the case to the court of sessions expeditiously.
Learned A.G.A. has no objection to the said direction being issued to the court concerned.
I have gone through the order sheet and find that the court below has not taken any interest in committing the case to the Court of Sessions, despite such long time having elapsed. Hence, it is directed that court below shall commit this case expeditiously preferably within a period of one month from today, if there is no legal impediment.
With aforesaid direction, this Application under Section 482 Cr.P.C. is finally disposed of without issuing any notice to O.P. No. 2 to 6, as it is an innocuous order. If the O.P. Nos. 2 to 6 feel aggrieved, they may approach this Court.
Order Date :- 27.9.2019 VPS