Court No. - 48
Case :- APPLICATION U/S 482 No. - 6637 of 2019 Applicant :- Furkan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed today by Sri Keshari Nandan Sing, Advocate on behalf of opposite party no. 2 is taken on record.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to set aside the order dated 28.01.2019 passed by the Additional Chief Judicial Magistrate, Court No. 10, Meerut in Case No. 7357 of 2018, Police Station Medical, District Meerut.
Vide order dated 04.09.2018 passed in the application under Section 482 Cr.P.C. No. 30126 of 2018, a direction was given to the trial court to conclude the trial within the period of four months from the date of production of certified copy of the order. In the present matter, trial court has recorded statement under Section 313 Cr.P.C., thereafter many dates were fixed for defence evidence. It appears that applicant has not availed the opportunity given by the trial court and did not adduce any defence evidence, instead, on 04.12.2018 moved adjournment application, which was rejected by the trial court fixing the date for argument.
It also appears that after hearing the argument that date for judgement had also been fixed in the matter but again adjournment was moved to adduce the evidence. If such is the position and there was specific direction passed by this Court to decide the aforesaid complaint case within a period of four months, order passed by the trial court closing the opportunity of defence evidence cannot be said to be illegal because ample opportunity was given by the trial court to the applicant to adduce evidence but he did not avail the opportunity.
With the aforesaid observations, the application stands dismissed.
Order Date :- 26.2.2019 Sanjeet