This order grants a direction to the Magistrate Court of Kanpur Nagar to decide the auxiliary criminal case No. 77567 of 2021 expeditiously within one year, prohibiting undue adjournments, and disposes of the application under S. 483 Cr.P.C.
Direction to decide the criminal case expeditiously within one year without undue adjournments
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Court No. - 50
Case :- APPLICATION U/S 483 No. - 490 of 2022
Applicant :- Smt. Preeti Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This application under Section 483 Cr.P.C. has been filed by the applicant with a prayer to direct the court below to hear and decide the Criminal Case No. 77567 of 2021 (State Versus Dilip Gupta and others), under Sections 498A, 323, 504, 506 I.P.C. arising out of Case Crime No.224 of 2019, Police Station Kakadev, District Kanpur Nagar pending before the learned M.M.2, Kanpur Nagar expeditiously within short span of time.
Learned counsel for the applicant states that he has proceeded for issuing necessary direction to the court concerned to decide the case expeditiously within stipulated period. He also submitted that cognizance was taken by the court concerned and charge sheet has been filed on 12.10.2022 but since then case is fixed for appearance, hence a direction may be issued to the court below to decide the same expeditiously.
It is directed that court below shall make all endeavour to decide this case expeditiously preferably within a period of one year without permitting undue adjournments to either side, if there is no legal impediment.
With this direction , this application is disposed of.
Order Date :- 4.4.2023 T.S.
Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad
Preeti Gupta
Ram Manohar Narayan Mishra
As recorded by the court registry
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