Dr. Mohan Singh And Others vs State Of U.P. Thru. Prin. ...
2017 Latest Caselaw 896 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


 
Court No. - 9
 
Case :- MISC. BENCH No. - 3492 of 2016
 
Petitioner :- Dr. Mohan Singh And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy.,Home Deptt. & Others
 
Counsel for Petitioner :- Shrawan Kumar Verma
 
Counsel for Respondent :- Govt. Advocate,Mohan Srivastava
 

 
Hon'ble Ajai Lamba,J.

Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application No. 6209 of 2017)

1. This application seeks recall of order dated 11.08.2016.

2. Order dated 18.01.2017 passed on the application reads as under:-

"Application seeks recall of order dated 11.8.2016.

Order dated 11.8.2016 reads as under :

"1.This petition seeks issuance of a writ in the nature of certiorari quashing F.I.R./Case Crime No.0001 of 2016, under Sections 498-A, 494, 506, 376, 511 and 120-B I.P.C., Police Station Mahila Thana, Hazratganj, Lucknow.

2. Learned counsel for the respondent State on the basis of instructions, has informed the court that the investigation has been concluded. Incriminating evidence has been found. Chargesheet bearing No.A-1 of 2016 dated 10.8.2016 has been prepared.

3. Considering the fact that incriminating evidence has been found and the F.I.R. has been merged in the chargesheet, as also the fact that the chargesheet is not under challenge, we find no ground to quash the impugned F.I.R. in extraordinary writ jurisdiction.

4. Petition is dismissed.

5. Let chargesheet be filed in court within two weeks from today, if already not filed."

3. It has been pleaded that although a statement was given that charge- sheet has been prepared and a direction was issued by the Court that the charge-sheet be filed in court within two weeks, needful has not been done.More than five months have passed.

4.Circle Officer, Hazratganj, Lucknow is directed to file his affidavit specifically stating as to the date when charge-sheet has been filed in Court. In case it has not been filed, cause be shown to the Court why proceedings under Contempt of Courts Act, 1971 be not initiated for not complying with above extracted order, and exemplary cost be not imposed for delaying the process of the Court.

5.We have also taken note of the fact that U.P. Police Regulations provide that after preparation of the charge-sheet, it would be filed within four weeks. Even the Director General of Police had issued directions in the same context.

6.List on 7.3.2017.

7.No further time would be given".

3. Shri R.K. Dwivedi, learned counsel for the State, has pointed out that charge sheet has been filed in Court. Cognizance of the offence has already been taken. There has been some delay in filing the charge sheet, however the statement made to the Court on 11.08.2016 was not with malafide intention.

4. In view of the fact the charge sheet has been filed, no further direction is required to be issued. In our considered opinion no injustice has been caused and the petitioners cannot be said to be prejudiced by action of the respondent State.

5. Disposed of.

Order Date :- 19.5.2017

Pachhere/-