Disposed

Waseem and 3 Others v. State of U.P. and Another

Allahabad HC10 Jan 2020A482/1102/2020

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought to quash orders rejecting the applicant's request to file a written statement under Section 313(5) Cr.P.C. The court disposed of the application by directing the applicant to file the written statement within one week for consideration during the trial disposition.

What did the court decide?

Directed the applicant to file a written statement under Section 313(5) Cr.P.C. within one week for consideration at the time of trial disposal.

Waseem and 3 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2020)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 1102 of 2020

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Applicant :- Waseem And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Swetashwa Agarwal, learned Counsel for applicant, learned AGA for State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 13.12.2019 passed by Additional Sessions Judge / Special Judge (Gangsters Act), Court No. 5, Meerut, in Special Case No. 114 of 2008 (State vs. Izlal & thers) Case Crime No. 190 of 2008, under Sections 147, 148, 149, 364, 302, 201, 404, 411 I.P.C., P.S. Kotwali, District Meerut, whereby the application under 313 Cr.P.C. has been rejected.

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It has been submitted by learned counsel for applicant that applicant is accused in the present case and the statement under Section 313 Cr.P.C. of accused persons have already been recorded by Trial Court. Applicants filed their respective application before the Trial Court with request that written statement under Section 313(5) Cr.P.C. be taken on record, which have already been dismissed by the Trial Court. It has been further submitted by learned counsel for applicant that coaccused Izlal had filed an Application under Section No.43452 of 2019 before this Court, which has been disposed of with certain direction.

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Learned AGA opposed the prayer of bail application.

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Order dated 28.11.2019 passed in Application under Section No. 43452 of 2019, by this Court is as under : -

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" Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the impugned order dated 18.10.2019, 24.10.2019 and 6.11.2019 passed by Additional Session Judge/Special Judge (Gangster Act), Meerut, in Special Case No.114 of 2008 (State Vs. Izlal & others), arising out of Case Crime No.190 of 2008, under

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Sections 302, 364, 201, 404, 147, 148, 149 IPC, Police Station Kotwali, District Meerut, whereby the application bearing paper no.664-Kha, 665 Kha and 666 Kha has been dismissed/rejected.

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By the impugned order, the application no.666 Kha moved by he applicant under Section 313(5) Cr.P.C. was rejected by the learned trial Court and in that application it was prayed that as per provision under Section 313(5) Cr.P.C. the applicant has permitted to file written statement and for that purpose one week time sought from the Court. The learned trial Court after hearing the prosecution rejected that application.

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Learned counsel for the applicant has submitted that the applicant was not able to put his defence properly and great injustice will be passed to the accused, if he is not able to give his defence in the learned trial court and the learned trial Court has committed the abuse of process and not allowing the application of the applicant for granting one week time for filing the written statement as provided under Section 313(5) Cr.P.C.

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Learned A.G.A. for the State has opposed the prayer and submitted that the sole purpose of this applicant is to delay the trial as the matter is pending since 2008 and trial has yet not been completed.

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After considering the rival submission and facts and circumstances of this case without mentioning anything about the merits of this case, this application is disposed of with the direction that the applicant will file a written statement under Section 313(5) Cr.P.C. within one week and learned trial Court will decide the trial thereafter.

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Let a copy of this order be provided to the learned counsel for the applicant tomorrow itself."

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Considering the entire facts and circumstances of the case, rival submissions made by learned counsel for parties and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction that written statement, if any, filed by applicant under Section 313 (5) Cr.P.C. shall be taken into consideration at the time of disposal of trial.

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Order Date :- 10.1.2020 Manoj

Waseem and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Waseem and 3 Others v. State of U.P. and Another

Case brief

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