Court No. - 49
Case :- APPLICATION U/S 482 No. - 47147 of 2018 Applicant :- Aishwarya Chaudhary @ Mausam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Niraj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The petitioner has approached this Court claiming to direct the court below/Additional Session Judge, Court No.1, Bijnor to separate the file of the applicant from other co-accused persons in the offence arising out of Crime No.1036 of 2016 u/s 147, 148, 149, 452, 307, 302, 336, 436, 504 IPC and 7 Criminal Law Amendment Act, P.S.- Kotwali City, District- Bijnor, and thereafter proceed further for considering the final report submitted by the Investigating Officer so far as the involvement of applicant is concerned in the present offence and take appropriate decision on the final report submitted by the Investigating Officer before the court below in aforementioned case.
Learned counsel for the petitioner submits that the other co- accused persons are absconding, therefore, the matter is not being decided expeditiously. He further submits that the issue is with regard to the expediency in hearing the case of the petitioner for final hearing.
Looking into the facts and circumstances of the case, in case a fresh application before the court below is submitted by the petitioner within the period of three weeks from today for the aforesaid purpose, the Court below shall consider and decide the same in accordance with law within six weeks thereafter.
With the aforesaid observations, the application is disposed of.
Order Date :- 21.12.2018 Shalini (Vivek Chaudhary, J.)