Srinivas vs State of U.P. and 4 Others

Court No. - 72

Case :- APPLICATION U/S 482 No. - 36884 of 2024

Applicant :- Srinivas Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Prateek Shukla Advocate holding brief of Mr. Adya Prasad Tewari, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant-Srinivas, who is an informant, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Chief Judicial Magistrate, Gorakhpur to commit Criminal Case No. 37966 of 2021 State Vs. Adalat and others arising out of Crime Case No. 398 of 2018, u/Ss 323, 504, 308 IPC, Police Station: Chauri Chaura, District:Gorakhpur to the Court of Sessions as early as possible within stipulated period and allow the present application, and/or may pass such other and further orders as this Hon'ble Court may deem fit and proper to secure the ends of justice, meanwhile, otherwise, the applicant will suffer an irreparable loss and substantial injury."

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Learned counsel for applicants submits that charge sheet was submitted against accused on 15.11.2018, upon which, cognizance was taken by jurisdictional Magistrate vide Cognizance Taking Order dated 04.08.2021. However, the case has not yet committed to the Court of Sessions.

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In view of above, let a report be submitted by court below with

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regard to status and progress of concerned criminal case.

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Matter shall re-appear as fresh on 13.01.2025.

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The requisite report shall be transmitted by court concerned to this Court on or before 06.01.2025.

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Order Date :- 16.12.2024 YK

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Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Srinivas v. State of U.P. and 4 Others

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