Court No. - 70
Case :- APPLICATION U/S 482 No. - 36179 of 2019 Applicant :- Shridhar Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate on behalf of the opposite party no.1/State and perused the record with the assistance of learned counsel for the parties.
This application under section 482 Cr.P.C. has been preferred by the applicant seeking direction to District & Session Judge Jalaun at Orai to accept his application under section 319 Cr.P.C. in Session Trial No.107 of 2017 (State vs. Nanhi Devi and others) arising out of Case Crime No.137 of 2016, under sections 498A, 304-B, 506 I.P.C. & ¾ Dowry Prohibition Act, Police Station Churkhi, District Jalaun, pending in the court of District & Session Judge, Jalaun at Orai.
It is submitted by learned counsel for the applicant that applicant Shridhar is informant of this case. In the trial all the prosecution witnesses have been examined and statement under section 313 Cr.P.C. of the accused persons have also been recorded. It is next submitted that on 17.09.2019, applicant (informant) tried to move his application under section 319 Cr.P.C. for summoning Rampal, Ramphal, Amit, Pinki Devi and Rekha Devi as an additional accused, but the said application of the applicant has not been taken by the trial court on record. It is next submitted by learned counsel for the applicant that presiding officer has orally refused to entertain aforesaid application. Averment in this regard has been mentioned in paragraph no.12 of the application. Photocopy of application under section 319 Cr.P.C. dated 12.09.2019/17.09.2019 has also brought on record as Annexure No.6 to the application. On the said facts, main substratum of submission of learned counsel for applicant is that an application under section 319 Cr.P.C. can be moved at any stage of trial of accused in view of Section 319 (1) Cr.P.C. It is submitted that the trial of the accused persons is still pending, therefore, trial court cannot refuse to entertain the application under section 319 Cr.P.C. of the informant.
Per contra, learned Additional Government Advocate submitted that this is a disputed fact whether trial court has refused to entertain application of the informant or whether informant did not move application under section 319 Cr.P.C., therefore, he is not in a position to say anything in the matter being as question of facts.
After having heard learned counsel for the parties, this Court feels it proper that no useful purpose would be served keeping this application pending before this Court.
Accordingly, this application is disposed of with the direction to the concerned trial court to entertain the application dated 12.09.2019/17.09.2019 under section 319 Cr.P.C. of the applicant, in case, same is filed alongwith certified copy of this order within 10 days. On filing the said application by the informant, same shall be decided by the trial court within a week in accordance with law.
Order Date :- 27.9.2019 SKD