Court No. - 53
Case :- APPLICATION U/S 482 No. - 14787 of 2018 Applicant :- Geeta Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shobhanath Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Shobhanath Singh Yadav, learned counsel for the applicant along with Sri Mayank Awasthi appearing for the State.
This application has been filed seeking a direction to the Additional Chief Judicial Magistrate, Court No.7, Allahabad to decide Criminal Case No. 139 of 2013 (State of U.P. Vs. Amrit Lal and ohters) arising out of Case Crime No. 152 of 2012, under Sections 323, 325, 504 IPC, P.S. Phoolpur, District Allahabad pending before Additional Chief Judicial Magistrate, Court No.7, Allahabad as early as possible preferably within a stipulated period of time.
A perusal of the order sheet shows that charge sheet in case was filed on 4.3.2015 and case No. 136 of 2013 was assigned before the Court of Special Chief Judicial Magisrate, Allahabad. It is pointed out by learned counsel for the applicant that though the case is a warrant trial before the Magistrate where charges have to be framed, till date charges have not been framed even though all accused have appeared. It is submitted further that the applicant is a poor and helpless woman who has to run up to the court on every date to have the charges framed. In the mean time it has been argued by learned counsel that there is a tremendous pressure from the accused to withdraw from the prosecution. Looking to the aforesaid facts, the concerned Magistrate is directed to frame charges in the case within 14 days from the date of receipt of the copy of this order and thereafter proceed with the trial in accordance with law which he shall endeavour to conclude within 6 months from the date of framing of charge.
Application stand disposed of accordingly.
Let a copy of this order be communicated to the Magistrate concerned by the Chief Judicial Magistrate, Allahabad.
Order Date :- 30.4.2018 Manish Tripathi