Court directed the Addl. Chief Judicial Magistrate to decide the pending trial arising from NCR No. 262 of 2010 within four months without unnecessary adjournments.
Direction to Addl. Chief Judicial Magistrate to decide the trial within four months from the date of receiving certified copy of the order.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 26089 of 2022
Applicant :- Bholanath Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishal Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, the learned AGA for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned Addl. Chief Judicial Magistrate, Bhadohi, Gyanpur to decide Case No. 1703 of 2016 (State Vs. Bholanath Mishra and another) arising out of NCR No. 262 of 2010, under Sections 323, 504, 506 IPC, P.S. Aurai, DistrictBhadohi expeditiously within stipulated period.
Learned counsel for the applicants has submitted that applicants are the accused in the instant case and charges in the said case have already been framed on 11.1.2017, however, since then the trial has been pending and lingering-on, on one pretext or the other and has not yet been concluded.
In view of the above, the Addl. Chief Judicial Magistrate, Bhadohi, Gyanpur is expected to make all endeavours to decide the aforesaid trial expeditiously, preferably within a period of four months from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in concluding the aforesaid trial.
With the aforesaid observations, this application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 12.12.2022 KU
Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.12.12 16:23:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Addl. Chief Judicial Magistrate, Bhadohi, should be directed to expedite trial proceedings pending for over five years.
1 provisions across 1 enactments
Bholanath Mishra and Another
State of U.P.
Rajiv Gupta
Kalim Uddin Siddiqui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
