Mahaveer Singh v. State of U.P. and 4 Others

Court No. - 93 Case :- APPLICATION U/S 482 No. - 35673 of 2023 Applicant :- Mahaveer Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Lal Mani Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

1.Compliance affidavit filed by learned AGA is taken on record.

¶2Heard Sri Lal Mani Singh, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A for the State and perused the record.

¶3The instant application under Section 482 Cr.P.C. has been filed to direct the Additional Chief Judicial Magistrate-1st, Agra to decide the application dated 04.08.2018 as well as Criminal Case No.3488 of 2016 arising out of Case Crime No.38/2016, under Section 380 IPC, Police Station - Sainya, District Agra.

¶4In pursuance of the order dated 06.10.2023, a compliance affidavit has been filed by Sri Prince Singh, Investigating Officer, Sainya, District Agra. In that affidavit, it has been mentioned that both of the accused namely Sanjay and Srikrishna have been arrested but Srikrishna sustained injury during police encounter and subsequently died. He further submits that process of recovering the rifle in question is pending.

¶5In view of above, the Additional Chief Judicial Magistrate-1st, Agra is directed to decide the application of the applicant dated

04.08.2018 regarding status of investigation for recovering of rifle in question, expeditiously preferably within a period of one month from the date of receipt of copy of this order, strictly in accordance with law.

¶6With the aforesaid direction, the present application is disposed of. Order Date :- 31.10.2023 A.Kr. High Court of Judicature at Allahabad