Court No. - 72
Case :- APPLICATION U/S 482 No. - 16835 of 2019 Applicant :- Tej Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prakash Chandra Srivastava,Vishnu Prakash Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Admittedly, against the order summoning the applicant under Section 319 Cr.P.C. dated 15.10.2011, the applicant filed a Criminal Revision No. 5399 of 2011 which was dismissed by this Court vide order dated 24.02.2012. Against that, applicant filed S.L.P. No. 4503-4504 of 2012, which came to be dismissed vide order dated 01.08.2018.
3. In view of the above, it remains undisputed that the applicant summoning under Section 319 Cr.P.C. had attained finality.
4. At present, the present applicant claims to be aggrieved by the fact that the discharge application has not been considered and he craves opportunity or a direction, in that regard. Since the applicant had been summoned under Section 319 Cr.P.C. and he had not been charge-sheeted, he does not have a right to claim discharge as has also been held by Supreme Court in Jogendra Yadav & Ors. Vs. State of Bihar & Anr., (2015) 9 SCC 244.
5. The present application lacks merit and is accordingly dismissed.
Order Date :- 29.4.2019 Prakhar