Court No. - 72
Case :- APPLICATION U/S 482 No. - 35612 of 2019 Applicant :- Ashok Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashwini Kumar,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ashwini Kumar, learned counsel for the applicant and learned AGA for the State.
The present application under Section 482 Cr.P. C. has been filed to direct the concerned court to decide the Case no.1 of 2017, under Section 138 of N. I. Act pending in the Court of Special Judge, N. I. Act, Varanasi.
Earlier, the applicant has approached this Court with regard to the same relief in the Application u/s 482 No. 12236 of 2018 which is quoted as under:
"Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed praying for expediting the Trial of Case no.1 of 2017, under Section 138 of N. I. Act pending in the Court of Special Judge, N. I. Act, Varanasi. Since as per statute trial of such cases is to be concluded within a period of six months but it has not been concluded.
Having considered the submission advanced and having perused the material on record, this application is disposed of with a direction to the court concerned to expedite the hearing of the aforesaid case and decide the same within a period of six months from the date of production of a certified copy of this order."
Since the present application is the second application for the same relief which is not at all maintainable.
In view of the above, the present application is dismissed as not maintainable.
Order Date :- 25.9.2019 Akbar