Sudhanshu Kumar vs State Of U.P. And 4 Others
2024 Latest Caselaw 15509 ALL

Allahabad High Court

Sudhanshu Kumar vs State Of U.P. And 4 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79577
 
Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 14540 of 2024
 

 
Applicant :- Sudhanshu Kumar
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Applicant :- Abdul Majeed,Sufia Saba
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.
 

1. Heard learned counsel for the applicant and learned AGA for the State.

2. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 27.03.2024 passed by Additional Sessions Judge, Court No. 3, Moradabad in Session Trial No. 371 of 2021 (State Vs. Rahul Gupta) and further direct the trial court i.e. Additional Sessions Judge, Court No. 3, Moradabad to decide the application under Section 319 Cr.P.C. moved by the applicant in pursuance to the judgment and order dated 25.08.2023 passed by this Court in Criminal Revision No. 2576 of 2023 (Mool Chandra & two others Vs. State of U.P. and Another) in Session Trial No. 371 of 2021 (State of U.P. Vs. Rahul Gupta and others) under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, arising out of Case Crime No. 1611 of 2020 under Sections 498-A, 304-B I.P.C. & Section 3/4 D.P. Act, Police Station Civil Lines, District Moradabad, pending before the court of Additional Sessions Judge, Court No. 3, Moradabad within some stipulated period.

3. It is submitted by learned counsel for the applicant that initially the application under Section 319 Cr.P.C. was filed before the court concerned, however, the same was rejected. Thereafter revision was filed before this Court bearing Criminal Revision No. 2576 of 2023 where this Court has quashed the impugned order and thereafter has remanded the matter to the court concerned for decision afresh on the application under Section 319 Cr.P.C. within a period of two months. Learned counsel for the applicant further submits that till date the aforesaid application under Section 319 Cr.P.C. has not been decided and the court concerned is proceeding to record the prosecution evidence. Learned counsel for the applicant further submits that the application under 319 Cr.P.C. is required to be decided by the court concerned in compliance of the order dated 25.8.2023 of this Court prior to proceeding with the matter further.

4. Considering the facts and circumstances of the case, it is hereby provided that the application under Section 319 Cr.P.C. of the applicant as remanded by order dated 25.8.2023 passed by this Court, shall be considered and decided in accordance with law prior to proceeding with the trial. The aforesaid application shall be taken up immediately and decided and brought to its logical end within a period of two months.

5. With the aforesaid observation/direction, application under Section 482 Cr.P.C. is disposed of.

Order Date :- 3.5.2024

VMA