Court No. - 32
Case :- APPLICATION U/S 482 No. - 6447 of 2018 Applicant :- Banshidhar Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Gautam Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to direct the learned court below (Addl. Session Judge Court No.2, Azamgarh) to hear and decide the S.T. No.639 of 2014, under sections 302, 307, 504, 506 IPC, P.S. Kotwali, District Azamgarh arising out of case crime no.398 of 2014.
It is contended by learned counsel for the applicant that since trial was pending hence application under section 482 Cr.P.C. No.39508 of 2017 was filed, which was disposed off vide order dated 24.11.2017 with the direction to expedite and conclude the proceeding of the aforesaid case at the earliest 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 in proceedings of the case. He further submitted that the copy of the order was filed before the court concerned on 4.1.2018 after order was passed the trial court listed the case after six months fixing 6.6.2018 applicant requested to the trial court that the trial was expedite by the Hon'ble High Court but even though the date was not change and trial is still pending.
Considered the submissions. Applicant has not communicated this fact to the learned District & Sessions Judge, Azamgarh, if the matter is brought to the notice of the District Judge/Sessions Judge, Azamgarh, he will take appropriate step in compliance of the order of this Court dated 24.11.2017 and explanation may also be called from the trial court, concerned, for non compliance of the order dated 24.11.2017 by fixing date after six months.
With the above observation, this application is finally disposed of.
Order Date :- 28.2.2018 Pramod