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Mukh Lal v. State Of U.P. & Others - APPLICATION U/s 482 No. 4539 of 2005 [2005] RD-AH 1225 (3 May 2005)


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Court No. 54

Criminal Misc. Application No.  4539 Of 2005.

Mukh Lal Vs. State of U.P. and others.

Hon. Mrs. Poonam Srivastava, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The inherent powers under Section 482 Cr.P.C. has been invoked at the instance of the applicant who is complainant in case Crime No. 343 of 2003, under Sections 498-A, 376, 511, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, 1961, State Vs. Om Prakash and others. It has been submitted on behalf of the applicant that after the F.I.R. was lodged, investigation was conducted and charge sheet was also submitted on 6.6.2003. A copy of the charge sheet has been annexed as Annexure-2 to the affidavit. After submission of the charge sheet, the A.C. J.M. took cognizance on 15.7.2003 summoning the accused persons and the next date fixed for appearance was 17.8.2003. The summoning order was challenged by filing Criminal Revision No. 260 of 2003, which was dismissed on 19.3.2004. A copy of the order dismissing the revision on 19.3.2004 has been annexed as Annexure-3 to the affidavit. The order dated 19.3.2004 has also been quoted in paragraph 7 of the affidavit that while dismissing the revision, the parties were directed to appear before the concerned court on 23.4.2004. Thereafter entire record of the case disappeared. An application was filed by the complainant/applicant before the District and Sessions Judge, Kushi Nagar for preparation of fresh Patrawali and to proceed with the matter. Subsequently another application was moved on 25.1.2005 before the A.C.J.M. Kasia Kushi Nagar making same request. A copy of the application dated 25.1.2005 has been annexed as Annexure-4 to the affidavit. Thereafter the applicant made request by means of an application dated 3.3.2005 before the District and Sessions Judge, Kushi Nagar, which has been annexed as Annexure-5 to the affidavit. It appears that all the efforts and repeated request on behalf of the complainant/applicant has failed to yield any result. It is very surprising to note that the District Judge Kushi Nagar has adopted such a lackadaisical attitude which can not be appreciated by this Court.

For the reasons, I direct the District and Sessions Judge, Kushi Nagar to ensure that the file is reconstructed within a period of thirty days from the date, a certified copy of this order is produced before him.

List this application on 5.7.2005 for further orders before this Court along with report of the District and Sessions Judge, Kushi Nagar and A.C.J.M. Kasiya, Kushi Nagar.




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