This court disposed of a petition under Section 482 Cr.P.C. granting a direction to the lower court to conclude the pending trial expeditiously within six months and vacating an interim order.
Direction to the court below to conclude the trial within six months and vacation of the interim order dated 24.1.2007.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 841 of 2007
Applicant :- Ashok Agarwal And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Bhan Gupta Counsel for Opposite Party :- Govt. Advocate,Ajal Krishna
Hon'ble Vivek Kumar Singh,J.
Heard Sri learned counsel for the applicants and Sri Abhinav Prasad, learned AGA for the State.
The present application filed under section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of the Complaint Case No. 1660 of 2004 (Sanjay Patkar v. Ashok Agarwal and others) under section 500, 502 IPC, pending in the court of C.J.M., Jhansi.
It is contended by learned counsel for the applicants that the message which has been published in the newspaper in question is based on booking and applicants have no concern with the local message booking. It is further contended that the court below has passed the impugned order without application of its mind in a very routine/mechanical manner without going into the facts of the case and prevailing law.
Learned AGA has submitted that the court below court has rightly passed the impugned order after considering the merits of the case, there is no illegality, incorrectness or impropriety in the order impugned.
Lastly learned counsel for the applicants has confined his prayer to the extent that a direction be issued to the court below to conclude the trial expeditiously within the stipulated period fixed by this Court.
After hearing the submission made by learned counsel for the applicants, no useful purpose would be served in keeping the application pending which is finally disposed of with a direction to the concerned court below to consider and decide the Complaint Case No. 1660 of 2004 (Sanjay Patkar v. Ashok Agarwal and others) under section 500, 502 IPC, pending in the court concerned, expeditiously preferably within a period of six months from the date of production of a certified copy of this order, in accordance with law after hearing the concerned parties, without granting unnecessary adjournment to either of the party, in case the proceedings of the aforesaid case, is not stayed by any Court of law.
Interim order dated 24.1.2007 granted by this Court stands vacated.
Order Date :- 7.8.2019 ssm
Ashok Agarwal And Others
Vivek Kumar Singh
As recorded by the court registry
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