The Court, while hearing an application under Section 482 Cr.P.C., directed the trial court to proceed expeditiously and conclude the pending dowry case within six months, preventing unnecessary adjournments.
Directed the Court below to conclude the proceeding expeditiously within six months without unnecessary adjournments.
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Court No. - 46
Case :- APPLICATION U/S 482 No. - 34722 of 2018
Applicant :- Smt. Jyotsana Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rama Shankar Singh,Santosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA on behalf of the State.
The instant application has been filed invoking the inherent power of this Court under Section 482 Cr.P.C. to direct the Court below to decide Case No.1337 of 2015 (State Vs Ved Pratap Singh) arising out of case crime no.38 of 2014, under Sections 498-A,323,504,506 IPC, P.S. Mahila Thana, District Kanpur Nagar within the stipulated period.
The submission of learned counsel for the applicant is that the opposite party no.2 is the husband of the applicant who had lodged the FIR way back in the year 2014 in respect of ill-treatment meted to her on account of non-fulfilment of demand of dowry. The FIR was lodged against the opposite party no.2 which has culminated into filing of charge sheet on 6.2.2015 and thereafter the cognizance was taken by the court below on 14.5.2015 against the opposite party no.2. It is further submitted that several dates have been fixed by the court below, but no charge has been framed till date. The applicant is facing untold hardship as the opposite party no.2 is not cooperating with the trial, as such, the court below may be directed to proceed with the case expeditiously and conclude the case to its logical end within stipulated period.
Learned A.G.A. has no objection with the prayer made by the learned counsel for the applicant.
Considering the facts and circumstances and the argument advanced by the learned counsel for the applicant and also the fact that the case is pending since 2014, speedy trial is essence of justice hence it is directed that the Court below shall proceed with the case and conclude the proceeding expeditiously without giving any unnecessary adjournment to either of the parties, and even if the adjournment is granted it should be for shortest possible period and for the strongest possible reason and conclude the proceeding expeditiously on day-to-day basis, if possible within six months from the date of production/receipt of a certified copy of this order.
With the aforesaid observations, the application is disposed of.
Order Date :- 27.9.2018 M. Tariq
2 issues framed by the court
Whether the trial court was directed to proceed with the pending case under Sections 498-A and 323 IPC expeditiously.
Whether the applicant was granted an order to ensure speedy conclusion of proceedings without unnecessary adjournments.
1 provisions across 1 enactments
Smt. Jyotsana Singh
Ved Pratap Singh
Naheed Ara Moonis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
