Manoj Kumar Yadav vs State Of U.P.
2015 Latest Caselaw 2889 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28999 of 2015
 
Applicant :- Manoj Kumar Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sikandar B. Kochar
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Sikandar B. Kochar, learned counsel for the applicant, and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.

This application has been filed by the applicant with prayer for direction to the Chief Judicial Magistrate, Gorakhpur to comply with the order dated 22.06.2015 passed by this Court, in application under Section 482 Cr.P.C. No. 16742 of 2015, relating to Case No. 70 of 2011 (State Vs. Manu Pandey and others), arising out of Case Crime No. 1335 of 2010, under Sections 147, 148, 149, 302, 34 IPC and Section 7 Criminal Law Amendment Act, Police Station Gorakhnath, District Gorakhpur. 

In compliance of the order dated 28.09.2015 passed by this Court, a report dated 01.10.2015 has been submitted by the Chief Judicial Magistrate, Gorakhpur, which has been forwarded by the  District Judge, Gorakhpur, which is on record.

From the perusal of the said report it appears that there has been delay tactic on the part of accused Pankaj Tiwari, who was not appearing before the Court of Chief Judicial Magistrate, Gorakhpur, so that the case may be committed to the Court of Sessions. The Chief Judicial Magistrate, Gorakhpur has further submitted in the said report that he has fixed the next date in the matter on 16.10.2015. He further apologized for not complying order dated 22.06.2015, passed by this Court in criminal misc. application no. 16742 of 2015, on account of the fact that accused Pankaj Tiwari was not appearing before the Court. It has been informed that accused Pankaj Tiwari has been released on bail vide order dated 18.09.2015 passed by the District Judge, Gorakhpur and he submitted that necessary orders would be passed on the next date i.e. 16.10.2015.

Considering the fact and circumstances of the case, the Chief Judicial Magistrate, Gorakhpur is directed to passed the appropriate order, in accordance with law, regarding committal of the aforesaid case to the Court of Sessions on the next date fix in the matter and further submit a report to this Court through District Judge, Gorakhpur on 26.10.2015, which shall be placed before me in my Chamber, by the Registrar General of this Court.

With the aforesaid observation, the present application stands disposed of finally.

The Registrar General of this Court is directed to sent a certified copy of this order to the District Judge, Gorakhpur, for its compliance within 24 hours by fax.

Order Date :- 5.10.2015

VKG