Court No. - 79
Case :- APPLICATION U/S 482 No. - 21841 of 2021 Applicant :- Smt. Akseer And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Sharma,Amrita Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Supplementary affidavit filed by learned counsel for the applicants is taken on record.
Heard, learned counsel for applicant, learned A.G.A. and perused the record.
This application under Section 482 Cr.P.C has been filed for directing the court of Family Judge, Bareilly to expedite the hearing of Complaint Case No.1436 of 2017 (Smt. Akseer & Another vs. Mustajab), arising out of application under Section 125 Cr.P.C., Police Station Shishgarh, District Bareilly, as provided under Section 309 Cr.P.C.
Learned counsel for the applicants has submitted that the applicants moved an application under Section 125 Cr.P.C., as a result, the Complaint Case No.1436 of 2017 (Smt. Akseer & Another vs. Mustajab) was registered under Section 125 Cr.P.C. at Police Station Shishgarh, District Bareilly against the oppoiste party No.2. He further submitted that till today statement of neither the applicant nor any witnesses are recorded before the court below. He further submitted that only adjournment are being given on the request of opposite party No.2 and he also submitted that as per the provisions of Section 309(1) Cr.P.C., it is obligatory on the part of the court below to conclude the proceedings and no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party. Therefore, kind indulgence of this Court is necessary to issue a direction to the court below to expedite the proceeding of the aforesaid case.
Learned A.G.A. has no objection to issue a direction for expeditious disposal of above case.
In view of above, the court concerned is directed to decide the Complaint Case No.1436 of 2017 (Smt. Akseer & Another vs. Mustajab), arising out of application under Section 125 Cr.P.C., Police Station Shishgarh, District Bareilly expeditiously preferably within a period of year from the date of production of certified copy of this order, without granting any unnecessary adjournment to any party and if adjournment is inevitable that may be subject to heavy cost and for short dates.
With the aforesaid observation/direction, this application is finally disposed of.
Order Date :- 21.12.2021 S. Shivhare/-