In an application under Section 482 Cr.P.C. to quash a lower court order, the court declined to interfere due to trial pendency since 2001. It disposed of the matter by directing the lower court to conclude the trial expediently within one year.
Direction to the court below to decide the case expeditiously within one year.
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Court No. - 6
Case :- APPLICATION U/S 482 No. - 10135 of 2020
Applicant :- Rajesh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Kripa Shanker 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 to quash the order dated 30.01.2020 passed in S.T. No.170 of 2001 (State v. Nand Lal & Ors.) C.C. No.834/1997 under Section 323, 325, 504, 506, 304 IPC P.S. Line Bazar, Distt. Jaunpur.
Considering the fact that the trial has remained pending since 2001, the Court is not inclined to interfere in the matter under Section 482 Cr.P.C. However, in the interest of justice, 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, 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/
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. should be quashed given the long pendency of the trial.
Rajesh
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
