This Single Judge order disposed of an application under Section 482 Cr.P.C. by directing the lower court to decide the pending criminal trial expeditiously, preferably within one year, without unnecessary adjournments.
Direction to the court below to decide the pending case within one year without unnecessary or long adjournments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- APPLICATION U/S 482 No. - 1376 of 2020
Applicant :- Sapna Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,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 for early decision of Case No. 2500-A of 2011 (State Vs. Sapna ), arising out of Case Crime No. 79 of 2011, under Sections- 379, 411 I.P.C., Police Station- M.M. Gate, District- Agra, pending before the Court of Additional Chief Judicial MagistrateVIII, Agra.
Learned counsel for the applicant submitted that charge sheet against the applicant was filed by Investigating Officer on 7.11.2011 for the offences under Sections 379, 411 IPC. It is further submitted that due to non examination of the informant as well as witnesses cited in the charge sheet, the applicant is facing great hardship since 2011 and it further submitted by the learned counsel for the applicant to direct the Additional Chief Judicial Magistrate-8, Agra to decide the aforesaid case, expeditiously.
Considering the fact that the trial has remained pending since long and 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, without granting any unnecessary or long adjournments to either of the parties, as expeditiously as possible, 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.
Order Date :- 17.1.2020 Ankita
2 issues framed by the court
Whether to direct the lower court to expedite the trial pending under Sections 379 and 411 IPC.
Whether to frame any timeline for disposal of the long-pending criminal trial.
Sapna
State of U.P.
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
