Disposed

Suresh Pal Singh v. State of U.P.

Allahabad HC15 May 2019A482/5233/2010

Case brief

AI extract

What is this about?

The applicant sought quashing of the order rejecting an application to summon a medical witness under Section 311 Cr.P.C. The court dismissed the inherent jurisdiction plea but directed the trial judge to decide the Section 311 Cr.P.C. application and conclude the undertrial case within six months.

What did the court decide?

Direction to the Additional Sessions Judge to decide the Section 311 Cr.P.C. application and conclude the Section 307 IPC case within six months.

Suresh Pal Singh Vs State of U.P. — Allahabad HC (2019) — LawSathi Research

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 5233 of 2010

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Applicant :- Suresh Pal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- Govt. Advocate,R.P.S.Chauhan

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sudhir Kumar, learned counsel for the applicants and Sri R.P. S. Chauhan, learned counsel for the opposite party no.2, and Sri Abhinav Prasad, learned A.G.A. for the State-respondent.

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This Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 30.1.2010 passed by learned Additional Sessions Judge, Court NO.5, Budaun in S.T. No.629 of 2005 (State of U.P. Vs. Vikram and Others), under Section 307 I.P.C., Police Station 307 I.P.C., Police Station Civil Lines, District Budaun, whereby the application filed by the application under Section 311 Cr.P.C. has been rejected.

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Learned counsel for the applicants submitted that the aforesaid case Sachin Kumar is also one of the injured who sustained grievous injury for which he was referred to Bareilly for his treatment where he was treated by Dr. R.K. Singh in Dhanvantari Hospital, Bareilly. Thereafter an application for summoning the Dr. R.K. Singh from Dhanvantari Hospital was moved on 30.1.2010, but same has been illegally rejected by learned Additional Sessions Judge, Court No.5, Budaun on 30.1.2010 and trial of case is still pending. It is further submitted that the as the aforesaid Doctor is one of the essential witnesses therefore, his examination is important for which applicant has moved an application under Section 311 Cr.P.C. which has been illegally rejected by the concerned Court below.

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Learned counsel for the opposite party no.2 and learned A.G.A. for the Staterespondent have justified the order impugned and submitted that the order impugned does not suffers from any illegality or infirmity which may warrant any interference by this Court.

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Considering the facts and circumstances of the case and submissions as advanced by he counsel for the parties, the present 482 Cr.P.C. application is disposed of with the direction to learned Additional Sessions Judge, Court No.5, Budaun to consider and decide the S.T. No.629 of 2005 (State of U.P. Vs. Vikram and Others), under Section 307 I.P.C., Police Station 307 I.P.C., Police Station Civil Lines, District Budaun, pending in the court of learned Additional Sessions Judge, Court No.5, Budaun, as expeditiously as possible in accordance with law, preferably within a period of six months from the date of production of a certified copy of this order, after hearing the concerned parties without granting unnecessary adjournment to either of the parties, in case the proceedings of the aforesaid case is not stayed by any Court.

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In view of the above, this 482 Cr.P.C. application stands disposed of.

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Order Date :- 15.5.2019 Dev/-

Suresh Pal Singh v. State of U.P.

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Suresh Pal Singh v. State of U.P.

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