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Allahabad High Court · body

2014 DIGILAW 1834 (ALL)

Kiran Pal v. State of U. P.

2014-06-09

HARSH KUMAR

body2014
JUDGMENT Hon'ble Harsh Kumar, J. This application has been moved for quashing of the order dated 27.5.2014 postponing the disposal of the application under section 319 Cr.P.C. after evidence of witnesses upon application moved by A.D.G.C. passed by the Addl. Sessions Judge/Special Judge, Aligarh in S.T.No.397 of 2013 (State Vs. Divesh & other). 2. Learned counsel for the applicant who is first informant of the case under sections 147, 148, 149, 302, 120-B, IPC, P.S. Atrauli, District Aligarh argued that the application under section 319 Cr.P.C. was moved by him on 17.10.2013 after recording of the evidence of four prosecution witnesses including the eye witnesses and after several adjournments the learned Addl. Sessions Judge passed the impugned order postponing the disposal of application under section 319 Cr.P.C. till the evidence of other witnesses which is wrong on facts and law. Learned counsel further argued that in this case FIR was lodged by the applicant with eye witness account of incident against six persons named therein but the investigating officer in connivance with the real culprits/named accused filed charge sheet against seven persons , other than the six persons named in the FIR. In this case the applicant as well as witnesses of the occurrence have been produced. It is also argued that the learned Addl. Sessions Judge/Special Judge has failed to decide application under section 319 Cr.P.C. and the impugned order is liable to be quashed and the learned Addl. Sessions Judge/Special Judge, Aligarh be directed to dispose of the application under section 319 Cr.P.C. within the period fixed by this Court. 3. Learned AGA argued that the impugned order has been passed upon the application of ADGC (Crl.)and so the applicant has no locus standi to move this application. 4. Upon hearing the learned counsel for the applicant and perusal of the record I find that the impugned order has been passed upon the application of ADGC (Crl.)who is looking after the interest of prosecution. But in the circumstances when the four witnesses including eye witnesses of the incident are alleged to have been examined and according to first informant leaving the real culprits other persons have been implicated by the investigating officer, the disposal of the application under section 319 Cr.P.C. appears necessary with priority. 5. In the circumstances it is ordered that the applicant/first informant may move appropriate application before the learned Add. 5. In the circumstances it is ordered that the applicant/first informant may move appropriate application before the learned Add. Sessions Judge/Special Judge, Aligarh and in case he moves an application for early disposal of application under section 319 Cr.P.C. the court below shall make every endeavour to decide the application under section 319 Cr.P.C. by a reasoned order and in accordance with law expeditiously and if possible, within two months from the date of moving of such application. With the above observations the application is disposed of finally.