Court No. - 52
Case :- APPLICATION U/S 482 No. - 6670 of 2018 Applicant :- Banke Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Bheshaj Puri Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This application u/s 482 Cr.P.C. has been filed seeking the direction to the court below concerned to decide the application dated 11.7.2017 in Case no. 8430 of 2010 arising out of case crime no. 1262/2010, u/s 223/224 IPC, P.S. Kotwali, District Pilibhit, pending before the C.J.M., Pilibhit.
Heard applicants' counsel and learned A.G.A. for the State. Record has been perused.
It is contended by counsel for the applicant that he is facing trial in the proceeding pending since 2010 and it is urged that the applicant is government servant and two co-accused who are also government servants, are absconding and not cooperating with the trial thus, in this behalf he has moved an application for separating trial vide applications dated 16.1.2017 and 11.7.2017 annexed as annexure-4 to the affidavit. However, learned Magistrate has not passed any order till date on the applications. The applicant is suffering from great hardship and he has retired in the year 2012 and on account of pendency of case several severe consequences are being faced by him and his pension is not being released.
In the facts and circumstances of the case, the court concerned is directed to adopt all stringent and coercive measures against other accused to secure their attendance and in case they do not appear the court shall pass appropriate order on the aforesaid application and conclude the proceeding of the aforesaid case preferably within a period of nine months from the date of production of the certified copy of the order without granting any unnecessary adjournment to either of the parties, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
With the aforesaid observation this application is disposed off.
Order Date :- 28.2.2018 Dhirendra/