Court No. - 52
Case :- APPLICATION U/S 482 No. - 6137 of 2018 Applicant :- Jitendra Kumar Tomar Opposite Party :- State Of Up And Another Counsel for Applicant :- Achal Kumar Singh,Abhai Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present application has been filed by the applicant with the prayer to direct the Court below to decide the Criminal Misc. Case No.902 of 2017 (Jitendra Kumar Tomar Vs. Prashant Chaudhari and others) arising out of case crime no.111 of 2017, under Sections 376, 323, 504, 506 IPC, P.S. Niwari District Ghaziabad, pending in the Court of C.J.M., Court No.5, Ghaziabad, within the stipulated period.
It is contended by learned counsel for the applicant that the first information report was lodged by the applicant against the accused under Sections 376 IPC. However, the Police has submitted a final report. The applicant has filed protest petition in August 2017 which is still pending disposal. Therefore, a direction be issued to the concerned court to decide the same within the fixed time frame.
In view of the aforesaid, the trial Court is directed to decide the aforesaid trial expeditiously strictly in accordance with law, preferably within a period of three months from the date of production of a certified copy of the order without granting unnecessary adjournment to either of the parties, if there is no other legal impediment.
With the aforesaid observations, the application is finally disposed of.
Order Date :- 23.2.2018 Hasnain