Single Judge disposal of an application under Section 482 CrPC directing the Sessions Court at Jaunpur to dispose of a pending 498A IPC and Dowry Prohibition Act complaint within six months due to delay instituted in 2016.
Directed the court below to decide the complaint case within six months of production of the certified copy of this order.
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Court No. - 43
Case :- APPLICATION U/S 482 No. - 10744 of 2020
Applicant :- Pratibha Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to direct the court below to decide complaint case no.1026 of 2016 u/s 498A IPC & 4 D.P. Act, Police Station Madiyahu, District Jaunpur, Pratibha vs. Nitin and others, pending before the court of A.C.J.M., Court No.12, Jaunpur within a stipulated time as fixed by this Court.
Learned counsel for the applicant submits that the said application is pending before the court of A.C.J.M., Court No.12, Jaunpur since 30.8.2016 and in the interest of justice he prays that the same may be decided expeditiously within a stipulated time as fixed by this Court.
Learned AGA has no objection.
Considering the facts that the said case was instituted in the year 2016 and the nature of offence as well as punishment provided for the alleged offence it would be proper to direct the court concerned to dispose of the matter expeditiously preferably within a period of six months from the date of production of a certified copy of this order.
In view of the above, application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 17.6.2020
m.a.
2 issues framed by the court
Whether the High Court should direct the Sessions Court at Jaunpur to dispose of the pending criminal complaint under Section 498A IPC and Dowry Prohibition Act within a stipulated time.
Whether the nature of the offence and delay in instituting the case in 2016 necessitate an order for expeditious disposal.
3 provisions across 3 enactments
Pratibha Dubey
State of U.P.
Ali Zamin
As recorded by the court registry
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