Allahabad High Court
Khuthai vs State Of U.P. And Another on 10 November, 2022
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- APPLICATION U/S 482 No. - 20930 of 2022
Applicant :- Khuthai
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Manoj Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed today by learned counsel for applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused material on record.
The present application has been filed by the applicant with a prayer to quash the order dated 18.6.2022 passed by the Sessions Judge, Allahabad and direct the court concerned to clubbed both the cases as S.T. No. 521 of 2014 (State Vs. Laxmi Pati and others) in Crime No. 194 of 2013, under Sections 302/34, 323, 504, 324/506 IPC and Section 3(2)V S.C./S.T. Act and Complaint Case No. 985 of 2016 (Khuthai Vs. Surendra Nath Tiwari and others) pending before the learned Chief Judicial Magistrate concerned in Crime No. 194-A of 2013, under Section 302, 323, 325, 504 IPC and Section 3(2)5 S.C./S.T. Act, Police Station Koundhiyara, District Allahabad.
It is submitted that in this case, an F.I.R. was lodged as Crime No. 194 of 2013 by Surendra Nath Tiwari under Section 302/34, 323, 504, 324, 506 IPC and Section 3(2)5 S.C./S.T. Act on 29.10.2013 and other F.I.R. was lodged by the applicant Khuthai as Crime No. 194-A of 2013 under Sections 302/34, 323, 324, 504, 506 IPC and Section 3(2)5 S.C./S.T. Act. In Crime No. 194 of 2013 after investigation charge sheet was submitted by the Investigating Officer and trial is going on. In Crime No. 194-A of 2013 after investigation final report was submitted by the police thereupon protest was filed by the applicant on the basis of which final report was rejected and the case was treated as complaint. In pursuance of statements of complainant and other witnesses under Sections 200 and 202 Cr.P.C. were recorded by the Special court, thereafter matter was sent back to learned Chief Judicial Magistrate for proceeding further because incident took place in the year 2013 and at that time jurisdiction was vested in the court of Magistrate. Later on, transfer application was moved by the applicant before the court of Sessions Judge with request to transfer the case in the court of Special Judge S.C./S.T. Act as matter being related to S.C./S.T. Act which was rejected by the learned Sessions Judge on 16.12.2021 holding that the incident occurred in the year 2013, therefore, jurisdiction to proceed was not with the Special Court S.C./S.T. Act. Even though no any further proceeding was done by the learned court of Chief Judicial Magistrate, thereafter an application u/s 210 Cr.P.C. was also moved by the applicant for consolidating the complaint case with the proceedings relating to the case Crime No. 194 of 2013 (S.T. No. 521 of 2014) but it was rejected by the court of Session Judge vide order dated 18.6.2022 holding that the learned Magistrate is empowered to commit the case to the court of Session under Section 323 Cr.P.C at any stage of the proceedings before signing the judgment and the application was rejected, even though no any order was passed on the matter in question by the learned Chief Judicial Magistrate, therefore, requested to quash the order dated 18.6.2022 or pass any other proper order in the circumstance of the case.
Learned A.G.A. opposed the prayer for quashing the order in question and urged that in this case, till now neither summoning order has been made by the court concerned nor it was rejected, which is still pending, therefore, learned court concerned is to pass order in this regard because learned court concerned has jurisdiction to decide the matter, the incident having taken place in the year 2013.
Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and perusal of record, it appears that in this matter, the proceedings relating to Crime No. 194-A of 2013 are pending before the learned Court of Chief Judicial Magistrate in which final report was treated as complaint and statements of complainant as well as other witnesses under Sections 200 and 202 Cr.P.C. were recorded, thereafter matter was sent to the court of learned Chief Judicial Magistrate by the Court of Special Judge for disposal as having no jurisdiction as the offence was committed in the year 2013 but no disposal of the matter was made by the court of learned Chief Judicial Magistrate that was the reason transfer application and an application u/s 210 Cr.P.C. were moved by the applicant which were also rejected by the learned Sessions Judge vide order dated 16.12.2021 and 18.6.2022. In this way, the matter is still pending before the learned Chief Judicial Magistrate for disposal which is not being done. In such a situation, the court of Chief Judicial Magistrate where matter in pending is hereby directed to make disposal of Complaint Case No. 185 of 2016 relating to Crime No. 194-A of 2013 as per law within a period of two months.
Accordingly, the present application is disposed of, finally.
Order Date :- 10.11.2022/A. Singh
