UDAI NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Section 482, Cr.P.C. has been filed by the complainant praying that further proceedings in S.T. No. 388 of 1987 be stayed and the learned VI Additional Sessions Judge,Varanasi be restrained from delivering the judgment in the aforesaid case.

(2.) Udai Narain, the complainant applicant filed a criminal complaint against the accused respondents No. 2 to 5 under Sections 395, 397, I.P.C. The learned Magistrate took cognizance of the offence and summoned the accused. In due course the case was committed to the Court of Session where the statement of complainant and some other witnesses was recorded. It appears that the record of the case was burnt in a fire, which broke out in the office and an order, was passed on 5-8-1989 to reconstruct the record. On 10-8-1989, the prosecution as well as the defence filed certain papers which were taken on record and 16-8-1989 was fixed for recording statement of accused under S. 313, Cr.P.C. Thereafter on 4-10-1989 the statement of some of the accused was recorded under S. 313, Cr.P.C. The order sheet of 11-12-1989 reads as follows :-

(3.) There is another order sheet of the same date i.e. 11-12-1989 which has been written in Hindi wherein it is mentioned that subsequent to the pronoucement of order of acquittal, an application was moved by the complainant at about 4.00 p.m. for transferring the case to some other Court. It is also mentioned in the order sheet that a part of the judgment had been dictated by the learned Sessions Judge but on account of filing of transfer application by the complainant, he refrained from giving any further dictation in order to complete the judgment. Thereafter several dates were fixed for giving opportunity to the complainant to file stay order. On 14-3-1990, the record of the trial Court was summoned by this Court and consequently no further proceedings took place before the learned IV Additional Sessions Judge.