In this application u/s 482 Cr.P.C., the court directed the applicant to approach the C.M.M., Kanpur Nagar, to transfer the pending criminal case from the court where it has been lying vacant since 2014.
Applicant directed to approach C.M.M., Kanpur Nagar for transferring the matter lying vacant.
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Court No. - 52
Case :- APPLICATION U/S 482 No. - 8226 of 2018
Applicant :- Babita Yadav Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Adya Prasad Tewari,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This application u/s 482 Cr.P.C. has been filed seeking the direction to the court below concerned to decide the Crl. Case no. 521 of 2013 (State vs. Shivendra Singh) arising out of case crime no. 42 of 2013, u/s 498A, 494, 420 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Kanpur Nagar.
Heard applicants' counsel and learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant is informant in the present case and the proceedings against the accused are pending since 2013; this Court vide order dated 30.7.2014 in an Application u/s 482 No. 28597 of 2014 had directed the court concerned to decide the aforesaid case if possible within a period of six months. Learned counsel states that the said order was communicated to the court on 12.8.2014 however since then the court is lying vacant and trial has not progressed.
In view of the aforesaid facts, the applicant is directed to approach learned C.M.M., Kanpur Nagar for transferring the matter from the court, which is lying vacant, to any other court, who shall pass appropriate order in accordance with law.
With the aforesaid observation this application is disposed off.
Order Date :- 15.3.2018 Dhirendra/
1 issue framed by the court
Whether the applicant should be directed to approach the C.M.M. for transfer of the matter lying vacant.
1 provisions across 1 enactments
Babita Yadav
State Of U.P
Ragul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
