Disposed

Rahul Kumar v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. and Another

Allahabad HC17 Jan 2024/27/2024

Case brief

AI extract

What is this about?

Applicant sought directions for expeditious decision of a session-triable case pending before a Judicial Magistrate due to absent accused. High Court directed police to execute warrants within one month to ensure accused appearance so the magistrate could commit the case.

What did the court decide?

Directed S.H.O. to execute warrant for accused appearance within one month so Judicial Magistrate can commit case to Session Court.

Rahul Kumar Vs State of U.P. Thru. Prin. Secy. Deptt… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4585

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Court No. - 27

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Case :- APPLICATION U/S 483 No. - 27 of 2024 Applicant :- Rahul Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. And Another Counsel for Applicant :- Ranvijai Chaudhari,Ajit Verma,Kanhaiya Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ranvijai Chaudhari, the learned counsel for the applicant and Sri Akhilesh Kumar Vyas, the learned A.G.A. appearing on behalf of the State.

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By means of the instant application filed under Section 483 Cr.P.C. the applicant has sought issuance of a direction to the Judicial Magistrate, Bahraich to decide the Case No. 1079 of 2018 "State Vs. Shiv Pal and others" arising out of Case Crime No. 2125 of 2017, Police Station Phakharpur, Bahraich, expeditiously.

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The charge sheet dated 25.12.2017 was submitted alleging commission of offences under Sections 376- D, 506, 323 I.P.C. The offence under Section 376-D I.P.C is cognizable by a Court of Session only and the Judicial Magistrate has to commit the case to a Court of Session upon appearance of the accused. However, as the accused persons have not appeared before the Magistrate till date, the case could not be committed to the Session Court.

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The learned A.G.A has opposed the application and has submitted that the case relates to offences under sections 376-D, 323 and 506 I.P.C which is triable by a Court of Session only. The Magistrate cannot proceed with the trial of the case and he cannot decide the same. He further submitted that while exercising power under Section 483 Cr.P.C, this court exercises superintendence over the courts of Judicial Magistrate whereas the present case is triable by a Court of Session, which does not come within the preview of Section 483 Cr.P.C.

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As the case is pending before the Judicial Magistrate since 31.05.2018 and it could not be committed to the Session Court for want of appearance of the accused in spite of warrants having been issued repetitively, the S.H.O of Police Station Fakherpur, Distirct Bahraich is directed to ensure appearance of the accused person by executing the warrant within a period of one month from today. Upon appearance of the accused, the

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Judicial Magistrate, Bahraich will forthwith commit the case to the Session Court.

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Accordingly, the instant application is disposed of.

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(Subhash Vidyarthi,J.)

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Order Date :- 17.1.2024/Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Rahul Kumar v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. and Another

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Rahul Kumar v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. and Another

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