Single judge directed the Special CJM, Kanpur Nagar to expedite the trial of a pending criminal case involving Sections 498A/323/504/506 IPC and D.P. Act, mandated conclusion within one year.
Directed the Special CJM to expedite the trial and conclude within one year from the date of production of the certified copy of the order.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 3514 of 2019
Applicant :- Radha Shukla Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Santosh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to direct the court below to decide the Criminal Case No. 244 of 2010, arising out of case crime no. 97 of 2010, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P.Act, P.S. Barra, District Kanpur Nagar, pending in the Court of Special CJM, Kanpur Nagar.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. The matter is pending since the year 2010.
Keeping in view that the matter relates to the year 2010, I hereby direct the learned Special C.J.M., Kanpur Nagar to gear up the matter and make necessary endeavour to conclude the trial within a period of one year from the date of production of the certified copy of the order before the court concerned without granting unnecessary adjournment to either of the parties, if there is no legal impediment.
With the aforesaid directions, this 482 Cr.P.C. application is finally disposed of.
Order Date :- 8.2.2019 Abhishek Sri.
2 issues framed by the court
Whether to direct the trial court to expedite the trial pending for over a decade due to lack of disclosed offence and malafide prosecution.
Whether to impose a time-bound directive for concluding the trial under Section 482 Cr.P.C.
1 provisions across 1 enactments
Radha Shukla
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
