In this Section 482 CrPC application, the High Court directed the trial court to decide a pending Section 498A, 323, 504, 354 IPC case within one year, allowing adjournments only upon payment of a cost.
Direction to decide the trial within one year without unnecessary adjournments except upon payment of Rs. 250 cost.
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Court No. - 6
Case :- APPLICATION U/S 482 No. - 10001 of 2020
Applicant :- Jagriti Verma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below to decide the trial of Criminal Case No.2913/17, Case Crime No.49/17 under Section 498A, 323, 504, 354 IPC and 3/4 D.P. Act P.S. Mahila Thana, Distt. Varanasi pending in the court of Addl. Chief Judicial Magistrate, Court No.3, Varanasi within stipulated period.
Considering the fact that the trial has remained pending since 2017, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties except upon payment of cost of Rs.250/-, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.8.2020 SP/
2 issues framed by the court
Whether the court below should be directed to decide the pending criminal trial expeditiously without unnecessary adjournments.
Whether conditional adjournments can be granted to the parties in the pending trial.
5 provisions across 2 enactments
Jagriti Verma
State Of U.P.
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
