Neutral Citation No. - 2025:AHC:138640 Court No. - 89 Case :- APPLICATION U/S 482 No. - 44209 of 2024 Applicant :- Bhaskar Rai Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shri Prakash Counsel for Opposite Party :- G.A.,Subhash Chandra Yadav Hon'ble Jitendra Kumar Sinha,J. 1. Heard Mr. Sri Prakash Saroj, learned counsel for the applicant and Mr. Sandeep Kumar Yadav, Advocate holding brief of Mr. Subhash Chandra Yadav, learned counsel for the opposite party no.2 and Sri B.P. Maurya, learned A.G.A. for the State. 2. The present application has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Judicial Magistrate Court number 19, district Azamgarh to commit the Complaint Case No. 301 of 2022 (Bhaskar Rai Vs. Amit Kumar Rai and others) to Session Court Immediately. It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Judicial Magistrate Court number 19, district Azamgarh to connect Complaint Case No. 301 of 2022 (Bhaskar Rai Vs. Amit Kumar Rai and others) with its cross case based on police report in Case No. 3308 of 2022 (State Vs. Shivam and others) arising out of case crime number 131/2021, u/s 308, 323, 504, 506 I.P.C. P.S.- Baradah, district Azamgarh, u/s 308, 323, 504, 506 I.P.C. otherwise the applicant shall suffer irreparable loss and injury." 3. It is contended that an application under Section 323 Cr.P.c. has been filed before the learned Judicial Magistrate, Court No.-19, Azamgarh for committing the complaint Case No.- 301 of 2022 (Bhaskar Rai Vs. Amit Kumar Rai and others) to the Court of Sessions for trial as its cross case arising out of Case Crime No.- 131/2021 under Sections 308, 323, 504, 506 I.P.C., P.S. Baradah, District- Azamgarh is pending for trial before the Court of Session. Learned counsel further submits that the learned Magistrate has not passed any order on the above application under Section 323 Cr.P.C. He prays that a direction may be given to the learned Magistrate to pass appropriate order on the application under Section 323 Cr.p.C. 4. Learned A.G.A. and learned counsel for the opposite party no.2 have no objection to the above submission. 5. In view of submissions advanced as above learned court concerned i.e. Judicial Magistrate, Court No.-19, Azamgarh is directed to decide the application under Section 323 Cr.P.C. after hearing parties as expeditiously as possible preferably within a period of three months. 6. With the above directed the application is disposed of. Order Date :- 13.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad