Court No. - 49
Case :- APPLICATION U/S 482 No. - 42457 of 2018 Applicant :- Smt. Anita Opposite Party :- State Of Up And 5 Ors Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Sri Sanjay Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned AGA for the State are present.
This is an application under Section 482 of Cr.P.C. filed by the applicant to direct the learned Additional Chief Judicial Magistrate, Court No.VIII, Ghaziabad to conclude trial i.e. Case No.316 of 2017 (State Vs. Vikas Yadav and others), arising out of Case Crime No.409 of 2016, under Sections 498A, 323, 506, I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad.
Learned counsel for the applicant submits that the trial is being delayed without any reason. He also submits that the applicant is a lady. Learned counsel for the applicant further submits that the trial court may be directed to conclude the trial expeditiously.
Learned A.G.A. has no objection to the aforesaid request.
Keeping in view of the facts and circumstances of the case and submissions made by learned counsel for the applicant, the trial court is directed to conclude the trial expeditiously, as early as possible, in accordance with the provisions of section 309 Cr.P.C. and the law laid down in the recent case by the Hon'ble Supreme Court in the case titled as 'Hussain and another versus Union of India' (2017) 5 SCC 702 and another case 'Vinod Kumar versus State of Punjab' (2015) 3 SCC 220, if there is no legal impediment. In case the respondent nos.2 to 6 are not appearing, the trial court is at liberty to take necessary steps to ensure their presence, in accordance with law.
Accordingly, the present application under Section 482 Cr.P.C. stands disposed of.
(V.P. Vaish, J.) Order Date :- 28.11.2018 Vivek Kr.