Ashok Singh Patel @ Mochhu @ Maya Shanker Singh v. State of U. P.
2015-07-30
RAMESH SINHA
body2015
DigiLaw.ai
JUDGMENT Ramesh Sinha, J. Sri Sunil Kumar Mishra has filed vakalatnama on behalf of opposite party no. 2 which is taken on record. 2. Heard Smt. Manju R. Chauhan, learned counsel for the applicant, Sri Sunil Kumar Mishra, learned counsel for the opposite party no. 2 and learned A.G.A. for the respondents. 3. Learned counsel for the applicant submits that the applicant has got himself bailed out but till date charges have not been framed and the case is fixed for leading of evidence. He submits that identically situated co-accused Shankar @ Pakhandu Sonkar has filed Crl. Misc. 482 Cr.P.C. Application No. 20812 of 2015 the court below was directed to fix a date in the aforesaid case on which date parties including the accused shall be heard and charges shall be framed first before the parties can be directed to lead evidence. 4. The submission of the learned counsel is that first charge has to be framed and then parties can be directed to lead evidence. 5. Learned counsel for the opposite party no. 2 could not dispute the aforesaid facts as argued by learned counsel for the applicant. 6. Prima faice this is an irregularity committed by the court below. 7. The court below is therefore directed to fix a date in the aforesaid case on which date parties including the accused shall be heard and charges shall be framed first before the parties can be directed to lead evidence. The application stands disposed of.