HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29360 of 2015 Applicant :- Sumran Singh Opposite Party :- State Of U.P. & 3 Others Counsel for Applicant :- Suresh C. Dwivedi,M.C. Chaturvedi Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Case called out in the revised list. None appears to press this application on behalf of the applicant.
Heard Sri S. C. Dwivedi, learned counsel for the complainant, and Sri Nitin Srivastava, learned AGA appearing for the State and perused the record.
This application has been filed for quashing the entie proceeding of Criminal Revision No. 160 of 2015 (Sita Ram Upadhyay and others Vs. State of U.P.), pending before the court of Incharge Sessions Judge, Jalaun at Orai, and also be pleased to quash the order dated 03.09.2015, passed by the Incharge Sessions Judge, Jalaun at Orai in Criminal Revision No. 160 of 2015 (Sita Ram Upadhyay and others Vs. State of U.P.), arising out of Case Crime No. 769 of 2015, under Sections 147, 148, 149, 302, 504, IPC and Section 7 Criminal Law Amendment Act, Police Station Kotwali Jalaun, District Jalaun.
It is submitted by the learned counsel for the applicant that applicant is complainant of the case and he has lodged the FIR against the accused opposite party nos. 2 to 4, regarding murder of his son, which was registered under Section 147, 148, 149, 302, 504 and 7 Criminal Law Amendment Act, Police Station Kotwali, District Jalaun.
As the accused persons were absconding and did not surrender before the court concerned, hence the Investigating Officer of the case has moved an alongwith an affidavit on 27.08.2015 before the learned Magistrate for issuing process under Sections 82-83 Cr.P.C., which was allowed by the learned Magistrate, on 27.08.2015 and proceeding under Section 82-83 has been initiated against the accused opposite party nos. 2 to 4. The accused opposite party nos. 2 to 4 have challenged the said order of the learned Magistrate before the learned Sessions Judge, Jalaun at Orai, by means of filing the Criminal Revision No. 160 of 2015 and the I/c Sessions Judge vide order dated 03.09.2015 has stayed the proceeding under Section 83(1) Cr.P.C. after admitting the revision and issued notice to the informant.
The applicant submits that he has put his appearance before the lower revisional court on 09.09.2015. The adjournment was sought by the accused opposite party nos. 2 to 4, before the court of law and thereafter the matter has been lingered on, and interim order passed by the lower revisional court were extended from time to time.
He submits that it is a case of murder and lower revisional court has interfered during the process of investigation and stayed the proceeding under Section 83(1) Cr.P.C., though the Investigating Officer had moved an application for initiation of proceeding under Section 82-83 Cr.P.C. against the accused opposite party nos. 2 to 4. The accused opposite party nos. 2 to 4 have not surrendered before the court, hence the non-bailable warrant has been issued against them earlier on 24.08.2015. The accused opposite party nos. 2 to 4 also trying to sale their immovable property, and there was further likelihood that they would abscond, on account of which the learned Magistrate has issued the proceeding under Section 82-83 against them, simultaneously.
He further pointed out that accused have also approach before this Court for transferring the investigation of the present case for fair investigation, by means of filing Writ Petition No. 22989 of 2015(Sita Ram Upadhyay Vs. Stae of U.P. and 2 others), which was dismissed by the Division Bench of this Court vide order dated 21.09.2015. A copy of the same is annexed as annexure no.2 to the affidavit.
Call for comments of I/c Sessions' Judge, Jalaun at Orai, as to why he has stayed the proceedings under Section 83(1) Cr.P.C., though it appears from the order of Magistrate that specific reasons have been mentioned by him for issuing 82-83 Cr.P.C. proceeding simultaneously, and the case is of murder, and further the order has also been extended by the Sessions Judge, Jalaun at Orai, he too shall also submit his explanation before this Court.
It is further directed that the Sessions Judge, Jalaun at Orai, shall decide the aforesaid revision within a week from the date of production of certified copy of this order, if there is no legal impediment.
Both the officers shall submit their explanations by 16.10.2015, which shall be put up in my chamber by the office.
The Registrar General of this Court shall sent a certified copy of this order to the District & Sessions Judge, Jalaun at Orai, for its compliance within four days from today.
Order Date :- 30.9.2015/VKG