This applicant filed an application under Section 482 Cr.P.C. seeking a direction to the Additional District Judge, Ghaziabad, to expedite a Sessions Trial. The High Court noted that only an observation had been made previously and dismissed the present application without interference.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 25755 of 2018
Applicant :- Beenu Nagar Opposite Party :- State Of Up Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed seeking a direction to the learned court below to decide Session Trial No. 66 of 2015 (State Vs. Reena and others), arising out of Case Crime No. 464 of 2015, under Sections 302, 120B IPC, Police Station Kavi Nagar, District Ghaziabad, pending in the court of Additional District Judge, XI, Ghaziabad.
Admittedly, the applicant had earlier approached this Court by means of 482 Cr.P.C. Application No. 34731 of 2016, which was disposed of with the following observation:-
"Heard learned counsel for the applicant and the learned A.G.A.
Present application has been filed seeking a suitable direction to the Additional District Judge-XI Ghaziabad to consider and conclude Sessions Trial NO. 66 of 2015 under Sections 302, 120B IPC arising out of case crime No. 464 of 2015 police station Kavi Nagar, district Ghaziabad expeditiously, preferably within the time stipulated by this Court.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the material on record, this application is finally disposed of with a direction to the Additional District Judge-XI Ghaziabad to consider and conclude Sessions Trial NO. 66 of 2015 under Sections 302, 120B IPC arising out of case crime No. 464 of 2015 police station Kavi Nagar, district Ghaziabad, most expeditiously, if already not decided, strictly in accordance with law, after hearing the parties and without granting any unnecessary adjournment to either the parties, provided the proceedings are not stayed by any Court of law."
It is stated that the trial is at an advanced stage. No further interference is warranted.
The application is dismissed.
Order Date :- 31.7.2018 Mini
1 issue framed by the court
Whether a direction to expedite the trial should be granted despite only an observation having been made previously.
Beenu Nagar
Saumitra Dayal Singh
As recorded by the court registry
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