Mohd. Abbas vs State Of U.P. And Others
2011 Latest Caselaw 5193 ALL

Citation : 2011 Latest Caselaw 5193 ALL
Judgement Date : 18 October, 2011

Allahabad High Court

Mohd. Abbas vs State Of U.P. And Others on 18 October, 2011

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 714 of 2006
 

 
Petitioner :- Mohd. Abbas
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- B K Singh
 
Respondent Counsel :- Govt. Advocate,Anil K.Tripathi
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. and learned counsel for O.P. No. 2 and 3.

This application has been filed with a prayer to modify the order dated 28.7.2005 pasxed by learned Judicial Magistrate-I, Balrampur and set aside the order dated 9.1.2006 passed by learned Sessions Judge, Balrampur in criminal revision No. 101 of 2005.

It is contended by learned counsel for the applicant that the learned Magistrate concerned has not considered the complaint and statement recorded under sections 200 and 202 Cr.P.C. . According to the complaint and statement recorded under sections 200 and 202 Cr.P.C. the offence under sections 419, 420, 467, 468, 500, 501, 120-B IPC prima facied is made out but trial court has not summoned the accused in the aforesaid offence even some of the accused have not been summoned whereas prima facie offence is made out against O.P. No. 2 and 3 also. Therefore, a suitable direction may be issued to summon the O.P No. 2 and 3 to face the trial and remaining accused may also be summoned in the above mentioned case.

In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for O.P 2 and 3 that such plea may be taken by the applicant at the stage of the trial when such evidence is adduced by way of filing the application under section 319 Cr.P.C.

Considering the submissions made by learned counsel for the applicant, learned A.G.A. and learned counsel O.P. no. 2 and 3 and without expressing any opinion on the merits of the case, it is directed that in case the applicant moves application under section 319 Cr.P.C. at the proper stage when such evidence is adduced, the same shall be heard and disposed of in accordance with law.

It is further directed that the proceedings of trial shall be expedited without granting any unnecessary adjournment to either of the side, if possible the same shall be commenced on day to day basis.

With this direction, this application is finally disposed of.

Order Date :- 18.10.2011

RPD