This application under section 482 Cr.P.C. has been filed with a prayer that C.J.M. Varanasi may be directed to decide the discharge application filed in case No. 22950 of 2008 (State Vs. Deepak Sarraf) in case crime No. 154 of 2008 under sections 420,463,467,471,504,506 IPC, P.S. Chowk, District Varanasi.
Learned counsel for the applicant has pointed out that this court on 3.2.2009 had ordered the accused persons to move discharge application in the court concerned within 30 days and thereafter its disposal by the court concerned expeditiously. The court had further ordered that till the disposal of the discharge application, the bailable warrant/non-bailable warrant if any issued against the applicant shall be kept in abeyance.
Learned counsel for the applicant further contended that discharge application was moved by the accused in the court, but they were lingering the disposal of that application. The complainant was then obliged to file criminal misc. writ petition No. 19490 of 2009 seeking suitable directions. That criminal writ petition was decided on 14.9.2009 and the C.J.M. Varanasi was directed to dispose of the discharge application expeditiously without granting unnecessary adjournments to either of the side.
Learned counsel for the applicant further argued that inspite of the direction of the court dated 14.9.2009, the discharge application has not yet been decided by the Magistrate. He has filed certified copy of the order-sheet of the said case showing the state of affairs. Perusal of the order-sheet indicates that some of the dates were given with the consent of the parties and on some dates the Magistrate was on leave.
In any case, the Chief Judicial Magistrate, Varanasi again is directed to dispose of the discharge application without granting any unnecessary adjournment to either of the parties. If the discharge application is not disposed of on the date fixed except in compelling circumstances, the C.J.M. Varanasi shall submit report to this Court detailing the circumstances under which the discharge application could not be disposed of.
The present application may be listed in the week commencing 15.2.2010. However, it is made clear that this application shall not be treated as part heard or tied up with this Court.
Order Date :- 19.1.2010 Salim