In an application u/s 482 Cr.P.C., the High Court, after noting the applicant's uncertainty regarding the filing of the charge sheet, directed the applicant to approach the District Court for clarification before proceeding further and disposed of the application.
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Court No. - 2
Case :- APPLICATION U/S 482 No. - 21165 of 2019
Applicant :- Ram Kumar Opposite Party :- State Of Up And 02 Other Counsel for Applicant :- Ramesh Chandra Yadav,Ram Krishna Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Krishna Mishra, learned counsel for the applicant and Sri Vimal Kumar Pandey, learned A.G.A. for the State.
The following prayer has been made in the present application:-
"It is, therefore, Most Respectfully, prayed that this Hon'ble Court may kindly be pleased to allow this application and direct the court below Additional Chief Judicial Magistrate Court No. 10, Azamgarh to initiate the proceeding in pursuance of charge sheet no. A/99/15 dated 30.06.2015 against the O.P. No. 3 in pursuance of Case Crime No. 242 of 2014, under Section 307, 325, 324, 504 and 506 IPC, Police Station- Raunapar, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate Court No. 10, Azamgarh.
It is further prayed that this Hon'ble Court may graciously be pleased to direct the O.P. No. 2 to make available the charge sheet No. A/99/15 dated 30.06.2015 against the O.P. No. 3 submitted in pursuance of Case Crime No. 242 of 2014, under Section 307, 325, 324, 504 and 506 IPC, Police Station-Raunapar, District Azamgarh along with case diary along with all relevant documents in support of case diary to the court of Additional Chief Judicial Magistrate Court No. 10, Azamgarh.
And/or pass such other and further suitable order, which this Hon'ble Court may deem fit are and proper in the circumstances of the case, otherwise, the Applicants shall suffer irreparable loss and injury."
It appears that the learned counsel for the applicant is not sure as to whether the charge sheet has been submitted in the present matter or not. He has course open before him that he can move the District court by seeking question answer from the concerned Section asking as to whether in crime number mentioned by him, any police report has been submitted against him or not and, thereafter, he may proceed in accordance with law, if he finds himself aggrieved.
With the aforesaid direction, application u/s 482 Cr.P.C. stands disposed of.
Order Date :- 10.6.2019 A.P. Pandey
1 issue framed by the court
Whether the court should direct the initiation of proceedings or production of the charge sheet pending verification.
Ram Kumar
State Of Up
02 Other
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
