Court No. - 73
Case :- APPLICATION U/S 482 No. - 17422 of 2019 Applicant :- Awanish Kumar Singh And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Pramod Kumar Srivastava,Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The only prayer made by the applicant in the present 482 application is that the concerned courts below be directed to decide the Case No. 2380/IX/14 (State vs. Uma Shankar and Ors) arising out of Case Crime No. 74 of 2013, under Sections 419, 420 and 506 of IPC, Police Station Rajapur, District Chitrakoot, pending in the court of Chief Judicial Magistrate, Chitrakoot within a stipulated period.
It has been argued by the learned counsel for the applicants that the applicants have moved an application for discharge on 10.01.2018 before the learned Trial Court but the same has not been decided so far.
Without expressing any opinion on the merits of the applicant's case, this application is finally disposed of with a direction to the court concerned to decide the aforesaid case expeditiously, preferably within a period of six months from the date of production of a certified copy of this order strictly, in accordance with Section 309 Cr.P.C. and also in view of the principle as has been laid down in the recent judgement of Hon'ble Apex Court rendered in the cases of Vinod Kumar Vs. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another vs. Union of India reported in 2017 (5) SCC 702, if there is no legal impediment.
With the aforesaid observations, the instant application is finally disposed off.
Order Date :- 30.4.2019 A. Tripathi