Court No. - 51
Case :- APPLICATION U/S 482 No. - 31135 of 2019 Applicant :- Afroz Jahan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Syed Mohammad Nawaz,Shahabuddin Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The only prayer made by the applicant is that Chief Judicial Magistrate, Azamgarh be directed to decide the application of 156(3) Cr.P.C. under Section 302 and 120B IPC within a stipulated period.
Without expressing any opinion on the merits of the case, this application is finally disposed off with a direction to the aforementioned court concerned to decide the aforesaid case expeditiously, in case the proceedings have not already been completed, if possible, within a period of two months from the date of production of certified copy of this order strictly in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the case of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that no adjournment shall be granted by the court below to any of the parties on mere asking but for exceptional circumstances while granting adjournment the reasons will have to be recorded in the order.
With the aforesaid observations, the application is disposed of.
Order Date :- 26.8.2019 Ujjawal