Harjinder Singh vs State of U.P.

Shri Narayan Shukla, J.—No doubt, the application moved under section 319, Cr.P.C. for summoning Mr. Kulwant Singh one of the accused is pending consideration and this Court by means of order dated 6th September, 2010 passed in Criminal Case No. 3030 (482) of 2010 allowed the petition and remanded back to the Trial Court with the direction to decide the application moved by the prosecution under section 319, Cr.P.C. afresh.

In the meantime, it appears that the complainant moved an application to reject the application moved under section 319, Cr.P.C., which has been rejected by the order impugned dated 4.1.2011 on the ground that the application for summoning is pending consideration.

Whereas on the other hand, Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate submits that after moving the application it becomes the prosecution case and the complainant has no right to get It not pressed.

Today the date is fixed before the Trial Court for disposal of the application, therefore, I hereby observe that at the time of disposal of the application moved under section 319, Cr.P.C. the application moved by the complainant for not pressing the application shall be considered and disposed of after hearing the parties concerned.

Keeping in view the aforesaid facts, I hereby observe that at the time of disposal of the application, all these facts shall be considered and appropriate order shall be passed by the Court below. To this extent order impugned dated 4.1.2011 (Annexue No. 1) is modified.

The petition is disposed