Court No. - 27
Case :- APPLICATION U/S 482 No. - 47798 of 2018 Applicant :- Adanan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Aqeel Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard Sri Aqeel Ahmad, learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed with a prayer to allow the present application and a direction be given to the Additional District Judge Court No. 2, Azamgarh to decide the Criminal Misc. Case No. 07 of 2017 in Final Report No. 09 of 2016 arising out of Case Crime No. 91 of 2016 under Sections 323, 427, 504, 506 I.P.C. and Section 3(1)(10) SC/ST Act, P.S. Pawai, District Azamgarh, pending in the Court of Additional District Judge Court No. 2 Azamgarh.
The applicant has been named as accused in the F.I.R. by opposite party no. 2, under Sections 323, 427, 504, 506 I.P.C. and Section 3(1)(10) SC/ST Act. It appears that Police has filed Final Report No. 09 of 2016 which was registered as Criminal Misc. Case No. 07 of 2017.
The sole prayer in the present application has been made by the counsel for the applicant is that the Final Report No. 09 of 2016 has been submitted by the Police in the year 2016 and more- than 2 years have been passed but the Criminal Misc. Case No. 07 of 2017 has not decided which is causing irreparable injury to the applicant.
Learned A.G.A. submits that from the record it reflects that the court below has proceeded with the matter and no direction is required.
Having considered the rival submissions of the parties, it transpires from the record that the Final Report No. 9 of 2016 was filed on 26.6.2016 which was converted into Criminal Misc. Case no. 07 of 2017, the type copy of the order sheet has been filed as Annexure No. 3 to the present application which reveals that the case has been adjourned on several dates.
Considering the facts and circumstances of the case, the application is disposed of with a direction to the Additional District Judge, Court No. 2 Azamgarh to decide the Criminal Misc. Case no. 07 of 2017 expeditiously, preferably within a period of one year.
With the aforesaid direction, the application is disposed of.
Order Date :- 21.1.2019 Ishan