The court disposed of an application seeking directions for expeditious disposal of a pending criminal complaint under IPC Sections 323 and 498A and D.P. Act Section 4, directing the trial court to conclude the case within six months.
Direction to the trial court to proceed expeditiously and dispose of the matter within six months.
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Neutral Citation No. - 2024:AHC:136661
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl No.17)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 20184 of 2024
Applicant :- Rekha Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking direction for expeditious disposal of Criminal Complaint Case No. 8727 of 2020 under Sections 323, 498A I.P.C. and Section 4 of D.P. Act, P.S.- Dhanapur, DistrictChandauli, pending in the court of learned Civil Judge (J.D.), F.T.C.-Ist/ Judicial Magistrate,Chandauli, within a time bound period.
3. Learned counsel for the applicant submits that the complaint case under Sections 323, 498A I.P.C. and Section 4 of the D.P. Act, has been filed by the applicant, which is pending before the Court Civil Judge (J.D.), F.T.C.-Ist/ Judicial Magistrate, Chandauli, for about four years and despite the summoning order being passed on 16.11.2021, only one of the accuseds has appeared before the trial court and others are still avoiding the process despite non-bailable warrants were issued by the trial court. In view thereof, learned counsel for the applicant seeks a direction for expeditious disposal of the instant complaint case.
4. Having regard to the prayer so made, learned A.G.A. does not oppose the prayer for expeditious disposal of the instant complaint case.
5. In view of the order proposed to be passed, this Court does not find appropriate to issue notice to the opposite party no.2 and keep the matter pending here.
6. Therefore, the instant application is disposed of with a direction to the trial court concerned to proceed in the matter expeditiously, preferably within a period of six months from the date of production of a certified copy of this order, provided if there is no legal impediment.
Order Date :- 27.8.2024 Shubham Arya
(Anish Kumar Gupta, J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether this court should direct the trial court to dispose of the pending criminal complaint case expeditiously.
Rekha Devi
State Of U.P.
Anish Kumar Gupta
As recorded by the court registry
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