Court No. - 49
Case :- APPLICATION U/S 482 No. - 14794 of 2018 Applicant :- Jagwanti Devi Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Chandra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed seeking a direction to the learned Court below to decide the Case No. 3730 of 2010 (State Vs. Ram Badan Rai and another) arising out of Case Crime No. 1621 of 2010, under Sections 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Ghosi, District Mau, pending in the Court of Chief Judicial Magistrate, Mau.
Learned counsel for the applicant further informs that in respect of the co- accused namely Ram Janam Yadav and Masairam being government officials, an order has been passed in 482 Cr.P.C. Application No. 40888 of 2010 whereby it has been provided that no coercive measure has been adopted against those accused. Consequently, at present, the trial cannot proceed against the other co-accused. However, the same has been lingering from very long even against the other.
Considering the fact that the trial has remained pending for very long and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to proceed in the aforesaid case in accordance with law, against such of the accused in whose favour there may not be any stay order against trial, without granting any unnecessary or long adjournments as expeditiously as possible, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 30.4.2018 Mini