In an application under Section 482 Cr.P.C., the court disposed of the matter by directing the Judicial Magistrate, Azamgarh to conclude the pending complaint case within six months.
Direction to the court below to decide the complaint case within six months.
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Court No. - 55
Case :- APPLICATION U/S 482 No. - 20002 of 2018
Applicant :- Archana Pandey Opposite Party :- State Of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant application under section 482 of the Code of Criminal Procedure has been filed seeking direction to the courts below to conclude the trial of Complaint Case No. 764 of 2017 (Archana Pandey Vs. Rajesh), under sections 494, 120-B(2), 109 IPC, P.S. Tarwan, District Azamgarh, pending in the court of Judicial Magistrate, Azamgarh within stipulated period.
Learned counsel appearing for the applicant-complainant submits that the applicant has filed a complaint on 29.08.2016 against her husband/Rajesh for remarriage with other lady namely Renu Mishra. The statements of the complainant and her witnesses were recorded on 28.09.2017. The court below vide order dated 28.09.2017 summoned the husband of applicant and three other persons under sections 494, 120-B(2), 109 IPC for facing trial. Despite the order of summoning dated 28.09.2017 and issuance of non bailable warrant dated 6.3.2018, the husband of the applicant is avoiding to appear before the court below and due to this very reason the proceedings of the aforesaid complaint case is held up.
Learned Additional Government Advocate appearing for the State has no objection in case any direction is issued for early disposal of the complaint case.
In view of above facts and circumstances, this application u/s 482 Cr.P.C. is disposed of with direction to the court below/Judicial Magistrate, Azamgarh shall make every endeavour to decide the Complaint Case No. 764 of 2017 (Archana Pandey Vs. Rajesh), under sections 494, 120-B(2), 109 IPC, P.S. Tarwan, District Azamgarh, in accordance with law, expeditiously, preferably within a period of six months from the date a certified copy of this order is produced before it.
Order Date :- 1.6.2018 Prajapati
1 issue framed by the court
Whether the court below shall be directed to conclude the pending trial expeditiously.
4 provisions across 2 enactments
Archana Pandey
State Of U.P.
Chandra Dhari Singh
As recorded by the court registry
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