In an application to expedite a trial, the single judge disposed of the plea, directing the lower court to decide the pending case in accordance with law without examining the merits of the underlying dispute.
Direction to the court below to decide the case in accordance with law.
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Court No. - 55
Case :- APPLICATION U/S 482 No. - 45066 of 2019
Applicant :- Prithviraj Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Kuldeep Johri, 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 expedite the trial in Case No. 3588 of 2018 (Prithviraj Singh Vs. Mahesh Verma), under Sections 406, 504, 506 IPC, Police Station Sungarhi, District Pilibhit, pending in the Court of Additional Chief Judicial Magistrate-2nd, Pilibhit.
The submission of learned counsel for the applicant is that this case is pending since 2018 and the trial has yet not been started in support of the copy of the order sheet has been attached, which shows that the learned trial court has issued NBW against some of the accused for ensuring their presence. It also shows that the case has been fixed at regular interval and the learned trial court making all efforts for expeditious disposal.
Considering the fact that the trial has remained pending since 2018 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.
Order Date :- 3.1.2020 Mini
1 issue framed by the court
Whether to direct the lower court to expedite the pending trial and dispose of the case.
2 provisions across 2 enactments
Prithviraj Singh
State Of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
