Application under Section 482 Cr.P.C. for expedited hearing and to commit case to Sessions court to avoid conflicting judgments. Court directed Magistrate to commit case to Sessions within two months.
Direction to commit the case to Sessions Court within two months if no legal impediment exists.
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Court No. - 34 Case :- APPLICATION U/S 482 No. - 1716 of 2022 Applicant :- Guddu Pal @ Rajendra Pal Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Pandey Balkrishna,Satish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard the learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed by the applicant for issuing a direction to the learned Metropolitan Magistrate Kanpur Nagar, Court No. 08 to expedite the hearing of the case crime no. 281 of 2020, State Vs. Mohd. Shanno and others, under sections 147, 148, 506 and 323 I.P.C. police station Juhi, District Kanpur Nagar and direct the learned Additional Sessions Judge, Court No. 26, to stop the trial of S.T. No. 1058 of 2020 till the commencement of case crime no. 281 of 2020, State Vs. Mohd. Shanno and others.
Learned counsel for the applicant submits that regarding the same incident both parties have filed their cases. The proceedings of Sessions Trial no. 1058 of 2020 have been started and the case is fixed for evidence of P.W.-2. It is claimed that to avoid of the conflicting judgment, the cases of both parties be decided together by one court. In this regard, the order dated 25.10.2021 passed by the Additional Sessions Judge, Court No. 26, Kanpur Nagar has been produced before the court wherein the prayer of the applicant has been rejected. Learned Additional Sessions Judge found that if there are cross cases / counter cases the applicant can make a prayer before the Magistrate concerned to commit the case to the court of Sessions and if the case is committed then both cases would be decided together by a common order.
Considering the facts of the case and without expressing any opinion on the merits of the applicant's case, this application under section 482 Cr.P.C. is finally disposed of with a direction to the learned Metropolitan Magistrate, Kanpur Nagar, Court No. 08, to commit the case crime no. 281 of 2020, State Vs. Mohd. Shanno and others, under sections 147, 148, 506 and 323 I.P.C. police station Juhi District Kanpur Nagar to the court of Sessions in accordance with law as expeditiously as possible preferably within a period of two months from the date of receiving of this order, if there is no legal impediment.
Order Date :- 7.2.2022/Gss
Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.02.08 14:37:26 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether to issue direction for expediting hearing and committing the case from Magistrate to Sessions court.
Whether conflicting judgments can be avoided by trying both cases together under Section 482 Cr.P.C.
Whether to order commitment of the case under Section 482 Cr.P.C. within two months.
1 provisions across 1 enactments
Guddu Pal @ Rajendra Pal
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
