Court No. - 67
Case :- APPLICATION U/S 482 No. - 19526 of 2019 Applicant :- Divya Kumari Tadamali Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Lal Vijai Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of the instant application under section 482 Cr.P.C., the applicant has prayed for a direction to the court of I-Additional Session Judge, Jaunpur for conclusion of Session Trial No. 98 of 2014 (Divya Kumari Tadamali v. State of U.P. and another) arising out of Case Crime No. 5 of 2014, under sections 363, 366, 376, 342, 506 IPC,3(1)(XII) and 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and 6 of Protection of Children of Sexual Offences Act, P.S. Mahila Thana, District Jaunpur within a stipulated time frame.
This Court sought a report from the court concerned vide order dated 16.05.2019. Today, this Court had the opportunity to peruse the report dated 29.05.2019, received through FAX wherein he has accused the applicant and her mother, who is P.W.-2 are creating impediments in smooth proceedings of the trial and thus delaying the speedy conclusion of the trial. The aforesaid written explanation of the court concerned is self explanatory as to why and how the Court's order dated 01.03.2017 passed in Application U/S 482 No. 6596 of 2017 could not be complied with.
Learned counsel for the applicant hesitatingly acceded to the aforesaid situation and undertakes that the applicant will cooperate with the aforesaid trial and pave the way for earliest conclusion of the trial.
Taking into account the solemn undertaking on behalf of the applicant, learned trial court is expected to conclude the trial by 31.12.2019 positively, if the applicant cooperates as per his above undertaking.
The application is, accordingly, disposed of.
Order Date :- 29.5.2019 shailesh