Heard the learned counsel for the applicant and the learned AGA for the State and perused the record.
The learned counsel for the applicant submitted that the criminal case no. 776 of 2009 (State Vs. Mahendra and others) is pending with no plausible progress in the court of Additional Chief Judicial Magistrate, Court No.8, Aligarh despite a direction dated 21.5.2008 given by this court in criminal misc. application no. 10646 of 2008. It was further submitted that the trial court be directed to hold the trial on day-to-day basis.
Holding trial on day-to-day basis is no doubt requirement of section 309 Cr.P.C. but the work load as well as number of pendency of cases in the court need to be given due account while giving any such direction.
In view of the aforesaid, it is provided that the learned trial court will hold the trial expeditiously and if possible on day-to-day basis in terms of section 309 CrPC.
With the aforesaid observations, the petition under section 482 CrPC is disposed of finally.
Order Date :- 2.4.2010 MTA