Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.
The present 482 petition has been filed with a prayer that the Chief Judicial Magistrate, Basti may be directed to conclude the trial of case no. 4845 of 2006 (arising out of case crime no. 1713 of 2005) under sections 498A, 323, 504, 506, I.P.C. and 3/4, D.P. Act, P.S. Kotwali, District Basti as expeditiously as possibly preferably within a period of three months.
It is argued on behalf of the applicant that the petitioner has filed a writ petition before this Court in which the arrest of the petitioner was stayed subject to his depositing interim maintenance of Rs. one thousand per month till the disposal of the case pending before the court below, a copy of the aforesaid has been filed as annexure-2 to the present application. It is contended on account of the aforesaid order, private opposite party, Smt. Namita Khurana, wife of the applicant is not getting the proceedings concluded and is lingering on the proceedings and the applicant has to pay a sum of Rs. one thousand per months to her and also travel to Basti for attending the proceedings though the applicant is posted at Lucknow. It is, therefore, prayed that the court below may be directed to decide the aforesaid case within three months.
The CJM, Basti is directed to consider and conclude the trail of case no. 4845 of 2006 (arising out of case crime no. 1713 of 2005) under sections 498A, 323, 504, 506, I.P.C. and 3/4, D.P. Act, P.S. Kotwali, District Basti in accordance with law after hearing the parties as expeditiously as possibly preferably within a period of eight months from the date of production of certified copy of this order before him.
With the aforesaid direction the petition is finally disposed of.
Order Date :- 4.1.2010 Shiraz