NITIN JAISWAL Vs. STATE OF U. P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed by applicant Nitin Jaiswal (a co-accused) challenging order dated 25.01.2018 passed by Additional District Judge Ist, Court no.1, Bareilly in Complaint Case No. 1716 of 2016 (Nirmal Singh Garewal Vs. Nitin Jaiswal and others) under Sections 143, 456 and 427 I.P.C., P.S.-Kotwali Bareilly, District-Bareilly, whereby application dated 5.12.2017 (paper no. 70 Kha) filed by Complainant-Opposite Party No.2, Nirmal Singh Garewal, to the effect that he be provided Government Counsel to conduct the complaint case, as same has been transferred to Court of Sessions, was allowed and it was held that proceedings of above mentioned complaint case shall be conducted by ADGC (Criminal) and shall proceed in accordance with Chapter (XVIII) Cr.P.C, as well as order dated 26.03.2018 also passed by Additional District Judge-Ist, Court No.1 Bareilly, by which application (Paper no. 71 Kha 1) filed by accused-applicant Nitin Jaiswal and others co-accused, praying therein that since proceedings of aforesaid complaint case are irregular/illegal, hence liable to be dropped, was rejected and 25.06.2018 was fixed as the next date for framing of charges under Sections 147, 458 and 427 I.PC, against accused Nitin Jaiswal, Adesh Jaiswal, Sachin Jaiswal, Rajoo Jaiswal, Annu Jaiswal and Manish Goel.

(2.) I have heard Mr. Anoop Trivedi, learned Senior Counsel assisted by Mr. Vibhu Rai, learned counsel for applicant, learned A.G.A. for State and Mr. Sikandar B. Kochar learned counsel representing complainant opposite party no.2. When the matter was heard on 07.08.2020, Mr. Sikandar B. Kochar, learned counsel for opposite party no.2 submitted that he shall file fresh written argument on 12.08.2020. However, no fresh fresh written arguments have been filed by him.

(3.) It transpires from record that an incident occurred on 21.10.2012 at 6.00AM at 126A Civil Lines, District-Bareilly. In respect of aforesaid incident, an F.I.R. dated 21.10.2012 was lodged by Nitin Jaiswal, which came to be registered as Case Crime No. 2658 of 2012 under Sections 452, 307 I.P.C. P.S.-Kotwali Bareilly, District-Bareilly. In the aforesaid F.I.R., three persons namely Nirmal Singh Garewal, Jaspreet Singh Garewal and Tarnpreet Singh Garewal were nominated as named accused.