Court No. - 51
Case :- APPLICATION U/S 482 No. - 30522 of 2019 Applicant :- Devki Nandan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The only prayer made by the applicant is that the Special Judge (E.C. Act) Pilibhit be directed to decide the ST No. 194 of 2015, arising out of Case Crime No.110 of 2015 u/s 147,148,149,302 IPC PS Deoriya Kalan District Pilibhit pending before the court below concerned within a stipulated period.
Without expressing any opinion on the merits of the applicant's case, this application is finally disposed of with a direction to the court below concerned to decide the aforesaid case as expeditiously as possible strictly in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the case of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India reported in 2017 (5) SCC 702, if there is no legal impediment. It is being made clear that no unnecessary adjournment shall be granted to either party by the court concerned but for exceptional circumstances and that too after recording reasons in writing, looking to the fact that trial is pending since 2015.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 26.8.2019 SP