The court dismissed an application under Section 482 Cr.P.C. seeking expedited disposal of a cheque bounce case, noting that an identical prayer was considered and ordered earlier on 11.7.2014, rendering a fresh order unnecessary.
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 901 of 2020 Applicant :- Smt. Asha Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present application under Section 482 Cr.P.C. has been filed with a prayer that proceedings of Complaint Case No. 625 of 2017 (Smt. Asha Agarwal Vs. Vinod Kumar Dubey), under Section 138 of N.I. Act, P.S. Kotwali, District- Agra, pending in the Court of Addl. Judge, Court No. 3, Agra expeditiously be decided as expeditiously as possible within a stipulated period
Perusal of the record shows that earlier in application u/s 482 No. 24674 of 2014, exactly similar prayer was made. On 11..7.2014, this Court had passed following order:-
"Considering the submission of learned counsel for the applicant, in the interest of justice, since the complaint is of year 2012, hence it is expected that the proceeding of the aforesaid complaint will be concluded as expeditiously as possible preferably within six months in accordance with law, without granting unnecessary adjournment and unreasonable delay, if there is no legal impediment."
From the perusal of the said order, it is evident that the prayer made by the applicant in the present application has already been considered by this Court and earlier order has been passed on 11.7.2014.
In view of the facts and circumstances of the case, no fresh order is required to be passed.
The present application is devoid of merit and is accordingly dismissed.
Order Date :- 9.1.2020 KU
1 issue framed by the court
Whether a fresh affidavit be passed under Section 482 Cr.P.C. when an identical prayer was considered on 11.7.2014.
2 provisions across 2 enactments
Smt. Asha Agarwal
State of U.P.
Rajiv Gupta
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
