Court No. - 65
Case :- APPLICATION U/S 482 No. - 36225 of 2019 Applicant :- Uday Singh Opposite Party :- State Of Up Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bhishm Pal Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
Learned counsel for the applicant has not made the accused as Opposite Party and has sought prayer that he may be permitted to implead the accused in this case as O.P.
The prayer is allowed.
Let the accused be impleaded as O.P. No.2 in this case during course of the day.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 04.06.2019 passed by learned Additional Sessions Judge- IV, Firozabad in S.T. No. 211 of 2018 in Case Crime No. 952 of 2017 under Sections 452 and 376 I.P.C., P.S. Sirsaganj, District Firozabad.
Learned counsel for the applicant has argued that impugned order dated 4.06.2019 has erroneously been passed by the trial court on an Application of the accused annexed at page no. 37 of the paper book in which he had prayed that for hearing on application moved for summoning the accused under Section 319 Cr.P.C., learned counsel for the accused be provided time so that he may argue on the same. He has drawn attention of this Court towards the order of this Court dated 11.03.2019 in which it was held that the accused was not required to be heard. Since summoning of the alleged accused was sought under Section 319 Cr.P.C., hence other accused cannot be stated to be party required to be heard hence the impugned order was quashed. Drawing attention towards the said order, it was argued in this case that when this Court had set-aside the earlier order on 7.02.2019 whereby it has been categorically decided that no opportunity of hearing is required to be given to the accused yet, the accused applicant has moved an application on adjournment on the ground that his counsel wants to argue on the application moved under Section 319 Cr.P.C. which was not maintainable and even trial court has passed the order dated 4.06.2019 after consideration of the same and allowed time to the accused which needs to be quashed.
Learned A.G.A. has also supported the argument of the learned counsel for the applicant.
I am of the view that in view of the judgement already delivered by this Court in Application under Section 482 Cr.P.C. No. 9536 of 2019 dated 11.03.2019, there was no requirement of giving opportunity of hearing to the accused applicant while deciding the Application under Section 319 Cr.P.C., hence there was no question of grant of adjournment of hearing on the said application.
In view of the above, impugned order deserves to be set- aside and is, accordingly set-aside. In case O.P. no. 2 has any grievance, he may approach this Court.
Further it is directed that the trial court shall make all possible efforts to expedite hearing of this case without giving any undue adjournment to either party.
Order Date :- 27.9.2019 A. Mandhani