High Courts(2003) 06 AHC CK 0005

Indrapal Singh @ Bachchan Singh and Anr. vs State of U.P.& Ors.

Allahabad High Court · Decided on 18 June 2003

HON’BLE JUDGES
R.C.Deepak, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous W.P. No. 4801 of 2003

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Judgment

4 paragraphs · 229 words

R.C. Deepak, J.—Heard learned Counsel for the applicants, learned AGA and perused the record.

2.

The submission of the learned Counsel for the applicants is that the case under Section 364 IPC as Case Crime No. 727 of 2000 has been registered against the applicants and others. After investigation, the investigating agency submitted chargesheet and the accused have been committed to the Court of Sessions and is pending as ST No. 213 of 2002 in Fast Track Court, Jhansi. His further submission is that CB CID has further investigated the matter and submitted the chargesheet adding Sections 302 and 201 IPC. The CJM vide its order dated 1162003 issued warrant of arrest and a proceeding under Section 82 Cr. P.C. has also been initiated against the applicants. His submission is that since the case is pending before the Fast Track Court, the CJM has got no jurisdiction to pass such order. Whatever is to be done, the Fast Track Court, mentioned above, is competent to proceed with matter.

3.

Under the facts and circumstances, the order dated 1162003 passed by the CJM Jhansi is set aside and the applicants are hereby directed to appear before the Fast Track Court, Jhansi, as mentioned above, and file fresh bail bonds and surety bonds and the Court concerned shall proceed in accordance with law.

With these observations, the application is disposed of.