Mala Devi Vs State of U.P and 3 Others

Court No. - 64

Case :- APPLICATION U/S 482 No. - 41861 of 2022

Applicant :- Mala Devi Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Shri Prakash Dwivedi, learned counsel for the applicant and Mr. Rakesh Soni, learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicant seeking direction to the court below to expedite the trial of Case No.59 of 2021 (State Vs. Sudhir Kumar Singh and others), arising out of Case Crime No.544 of 2013, under Sections 498A, 354, 494, 323 I.P.C. and Section 3/4 D.P. Act, Police StationChunar, District-Mirzapur, pending in the Court of Civil Judge (J.D.)/F.T.C. (Crime Against Women), Mirzapur, within stipulated period.

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Learned counsel for the applicant submits that the accused persons had filed application u/s 482 Cr.P.C. No.27041 of 2019, wherein initially they were granted protection, however, by order dated 07.01.2021, the aforesaid application u/s 482 Cr.P.C. has been dismissed, vide which the trial in the aforesaid case crime is still pending.

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Considering the fact and circumstances of the aforesaid case 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, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, 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.

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It is open to the Court concerned to take coercive measures to ensure the presence of the parties, in accordance with law.

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Order Date :- 2.3.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Mala Devi v. State of U.P and 3 Others

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Mala Devi v. State of U.P and 3 Others

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