Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 2176 of 2021 Petitioner :- Haseena Khatoon Respondent :- Nurul Hasan And 7 Others Counsel for Petitioner :- Subedar Mishra
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner, learned A.G.A., and perused material on record.
This petition under Article 227 of the Constitution of India has been filed seeking direction to the Court below for early decision of Case No. 5575 of 2018 (State Vs. Rabiya and others) under Sections 498-A, 323, 504, 506, 313, 326, 419, 420 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Maharajganj, within stipulated period.
Learned counsel for the petitioner has submitted that the aforesaid case is triable by the Court of Sessions but the same is pending before the learned Magistrate and has not yet been committed to the Court of Sessions and prays to direct the Court below to commit the case to the Court of Sessions.
Considering the fact that the trial has remained pending since 2018, without expressing any opinion on the merits of the case, this petition is finally disposed of with a direction that in case, the petitioner moves an appropriate application for committal of the case before the concerned Magistrate, the same shall be considered and decided within a period of three months from the date of filing of such application, thereafter, the concerned court below shall decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year from the date of committal of the case before it, if there is no other legal impediment.
Order Date :- 29.10.2021 S.Ali