Court No. - 51
Case :- APPLICATION U/S 482 No. - 30868 of 2019 Applicant :- Dharmendra Singh Opposite Party :- State Of U.P. And 7 Ors Counsel for Applicant :- Satendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Rudra Pratap Pandey, learned counsel for respondent no.3.
The only prayer made by the applicant is that the Addl. District Judge, Court No.1, Shahjahanpur be directed to decide ST No.34 of 2018 u/s 147, 148, 149, 302,307, 504, 506 IPC arising out of case crime no.931 of 2017 PS Madnapur District Shahjahanpur 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 on day to day basis 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.
In case the witnesses are appearing before the court concerned, the DM and the SSP concerned will ensure the presence of the witnesses before the court concerned.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 26.8.2019 SP