ZAMEEL ALIAS MUNNA Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. Heard learned Counsel for the applicant and Shri Shashi Kant Verma, learned Additional Government Advocate.

(2.) BY means of this application the applicant has prayed for quashing of an order dated 28. 4. 2007 passed by the Additional Sessions Judge, Court No. 7, Meerut in S. T. No. 673 of 2005. In the said order the learned Judge has observed that merely because two cross cases are pending, one in which the applicant was the complainant was pending before the Special Chief Judicial Magistrate, under sections 147/148/149/323/379ipc and the other case against the applicant under sections 147/148/149/304/323/504 IPC, which was pending before the Additional Sessions Judge, Court No. 7, Meerut, it is not necessary that the proceedings in the Session's case should be stayed and there is no provisions for stay of the same on this ground and the Magistrate has all powers under section 323 of the Code of Criminal Procedure to commit the case to the Court of Sessions in case he is of the opinion that the same should be tried by the Court of Sessions.

(3.) IT is note worthy that in the present case although the applicant has subsequently been summoned, but the police after investigation had submitted final report on the FIR of the applicant, which commenced on the application under section 156 (3) Cr. P. C. and which was lodged belatedly, whereas the charge-sheet under section 304 IPC was submitted on an FIR, which was promptly lodged against the applicant. In this view of the matter, there is no illegality in the impugned order. The application is rejected. Application Rejected. .