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Court No. - 70 Case :- APPLICATION U/S 482 No. - 44517 of 2024 Applicant :- X Informant Opposite Party :- State of U.P. Counsel for Applicant :- Mohan Lal Pandey,Nishi Kant Chaturvedi,Ram Manohar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Mohan Lal Pandey, the learned counsel for applicant and the learned A.G.A. for State- opposite party no.1. 2. Perused the record. 3. Applicant, who is the first informant, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:
"PRYAER It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the court concerned to concldue the Session Trial No. 260 of 2019 (State Vs. Chandra Shekhar and others) arising out of the Case Crime No. 214 of 2019 under Sections 376, 342, 323, 504, 506 & 120-B of the I.P.C. and section 5/6 of POCSO Act Police Station Utraon, District Prayagraj pending in the Court of Special Judge POCSO Act Court No.3 Prayagraj most expeditiously within a period fixed by this Hon'ble Court otherwise the applicant shall suffer irreparable loss and injury." 4.The record shows that first information report dated 31st July, 2019 was lodged by the applicant- first informant, which was registered as Case Crime No. 214 of 2019, under Sections 376, 342, 323, 504, 506 and 120-B I.P.C. and Section 5/6 POCSO Act, Police Station-Utraon, District-Prayagraj. In the aforesaid first information report, three persons,
namely, Chandrashekhar, Sushama and Kiran were nominated as the named accused. 5. Upon completion of statutory investigation of aforementioned
case
crime
number,
the Investigating Officer submitted the charge- sheet/police report in terms of Section 173 (2) Cr.P.C., whereby and whereunder Arvind Kumar, Ashok Kumar, Shiv Babu, Sushama and Kiran were charge-sheeted. The said fact is clearly evident from the charge-sheet/police report submitted by the Investigating Officer, copy of which has been appended as Annexure-2 to the affidavit filed in support of the present application. 6. However, upon perusal of the record, this Court finds that the charge-sheeted accused have not been impleaded as party respondents/opposite parties in the present application. As such, the present application suffers from vice of non-joinder of necessary and proper parties. 7. In view of above, the dictation of order is withheld. Matter shall re-appear as fresh on 12th May, 2025.
(Rajeev Misra, J.) Order Date :- 10.4.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad