In an application under Section 482 Cr.P.C, the applicant accused sought a direction to decide the pending trial case expeditiously. The judgment held that since the final report was submitted and notice issued to the informant, no grievance exists, dismissing the application for lack of locus standi.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 27391 of 2019
Applicant :- Man Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satya Dheer Singh Jadaun,Vinay Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vinay Kumar Pal, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved for a direction to be issued to the Chief Judicial Magistrate, Jaunpur to decide the Case No. 5 of 2018 (Manjula vs. State of U.P. ) arising out of Case Crime No. 1093 of 2017 under section 376 IPC, Police Station Kotwali, District Jaunpur pending in the Court of the Chief Judicial Magistrate Jaunpur.
It is argued by the learned counsel for the applicant that in Case Crime No.1093 of 2017 under section 376 IPC, Police Station Kotwali, District Jaunpur, after investigation, final report has been submitted by the police but the same has been registered as Case No. 5 of 2018 (Manjula vs. State of U.P. ) in which on 15.7.2018 notice has been issued to the informant of the case and he is also called by giving information on phone. Therefore, he has prayed that a direction may be issued to the court concerned to decide the said case expeditiously.
Learned A.G.A. has vehemently opposed the prayer for issuing such direction stating that the applicant being accused, has no locus standi to seek such kind of direction.
I have gone through the certified copy of the order sheet, which shows that on 15.7.2018 final report was submitted in the court which has been registered wherein notice is directed to be issued to the complainant/informant hence the applicant does not have any grievance as of now. No force is found in the argument of the learned counsel for the applicant. The application deserves to be dismissed and is accordingly dismissed.
Order Date :- 18.7.2019
AU
1 issue framed by the court
Whether the accused applicant has locus standi to seek a direction for expeditious trial in the underlying criminal case.
1 provisions across 1 enactments
Man Singh
State Of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
