Court No. - 68

Case :- APPLICATION U/S 482 No. - 35365 of 2022

Applicant :- Sagar Chaudhari

Opposite Party :- State Of U.P. And 4 Others

Counsel for Applicant :- Shriprakash Shrivastava

Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant and learned A.G.A. for

the State.

This application under Section 482 of Cr.P.C. has been filed

seeking direction to the Chief Judicial Magistrate, Kushinagar

at Padrauna to decide the application under Section 190(1)(b) of

Cr.P.C. moved by the informant on 29.09.2022.

Learned counsel for the applicant submits that an FIR was

lodged vide case Crime No. 0521 of 2019 on 5.12.2019

regarding an occurrence dated 6.11.2019 under Section 323,

325, 452, 504, 505 IPC, at P.S. Tariya Sujan, District

Kushinagar against the opposite parties no. 2 to 5 in which after

investigation charge sheet was submitted on 11.1.2020, and

after death of wife of the informant on 25.01.2020, application

moved an application under Section 190(1)(b) Cr.P.C. for

adding the Section 304 IPC, which is still pending consideration

before the court below since 29.09.2022.

Considering the facts and circumstances of the case, the present

application is disposed of with the direction to the court below

to decide the application moved under Section 190(1)(b) Cr.P.C.

for adding the Section 304 IPC, expeditiously within a period of

two months from the date of production of certified copy of this

order before the court below.

The application is, accordingly, disposed of.

Order Date :- 12.1.2023

RavindraKSingh

Digitally signed by :-

RAVINDRA KUMAR SINGH

High Court of Judicature at Allahabad