Tarnnum Vs State of U.P. and 3 Others

Court No. - 65

Case :- APPLICATION U/S 482 No. - 27394 of 2019

Applicant :- Tarnnum Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Ashwani KUmar Pathak, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.

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This application under Section 482 Cr.P.C has been moved for a direction to be issued to the Additional Civil Judge (J.D.) Court No. 4, District Gorakhpur to decide the case no. 2302837 of 2018 (State vs. Mohammad Siddiqui) arising out of Case Crime No. 180 of 2017 under section 376D, P.S. Campearganj, District Gorakhpur pending before Additional Civil Judge (J.D.) Court NO. 4, District Gorakhpur.

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It is argued by the learned counsel for the applicant that the Civil Judge (Junior Division) Court NO. 4, District Gorakhpur may be directed to decide the case no. 2302837 of 2018 arising out of Cae Crime No. 180 of 2017 under section 376D IPC, P.S. Campearganj, District Gorakhpur.

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Learned A.G.A. has vehemently opposed the prayer for issuing direction.

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I have perused the certified copy of the order sheet filed by the complainant of the said case which shows that charge-sheet was filed on 11.09.2018 in this case and since then till now the accused are running absent because of which it appears that the said case could not be committed to the court of session for trial by the Civil Judge, hence prayer is being made which amounts to nothing but direction be issued for expeditiously committing the case to the court of session.

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This application is disposed of with a direction to the court of Civil Judge(Junior Division), Gorakhpur that it shall make all possible endeavour to commit the case at the earliest to the court of session after procuring the attendance of the accused.

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Order Date :- 18.7.2019

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AU

Tarnnum v. State of U.P. and 3 Others

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Tarnnum v. State of U.P. and 3 Others

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