Court No. - 53
Case :- APPLICATION U/S 482 No. - 29187 of 2018 Applicant :- Alam Shah And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Learned counsel for the applicants is directed to correct the description of the Magistrate's Court in the application during the course of the day.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
The applicants have come up with a prayer seeking a direction to decide the discharge application made under Section 239 CrPC on their behalf in Case No.1171 of 2016-State Vs. Rajendra & Ors. (arising out of Case Crime No.255 of 2013), under Sections 419, 420, 120B, 467, 468, 471 IPC, PS Machhalishahar, District Jaunpur pending in the Court of Additional Chief Judicial Magistrate, Jaunpur since 20.03.2017.
The application for discharge is an interlocutory application and there is absolutely no reason to keep it pending for a period as long as a year and more. Unless there is an interim stay by any Court of Superior Jurisdiction, the Magistrate shall positively decide the aforesaid discharge application on the next date fixed, and, if for any unavoidable reason that is not possible within the next 15 days thereafter, without fail.
This application is disposed of with the above orders.
Let a copy of this order be communicated forthwith by the office to the Magistrate concerned through the CJM, Jaupur.
Order Date :- 23.8.2018 Shahroz