Court No. - 45
Case :- APPLICATION U/S 482 No. - 42506 of 2018 Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akash Chandra Maurya Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed by the applicant seeking direction to the opposite party No.3 to ensure the presence of opposite party No.2 in Case No. 3889 of 2012 (State Vs. Nafees) arising out Case Crime No. 180 of 2012, under Sections 147, 452, 353, 352, 332, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Ghatampur, Kanpur Nagar, District Kanpur Nagar, pending in the court of Civil Judge (S.D.)/F.T.C./A.C.J.M., Kanpur Dehat.
It is submitted that the trial is pending since 2012. This Court vide application U/s 482 No. 29710 of 2017 directed to the court below to conclude the trial within the period of 8 months from the date of production of certified copy of this order by the order dated 11.9.2017.
It has been submitted that the trial is not being concluded as yet and non-bailable warrants have been issued the accuseds, who are not appearing before the court below. In view of the fact that earlier this Court has passed a direction, which has not been complied, the present application is not maintainable. The applicant may avail any other remedy available to him under the law.
This application is dismissed.
Order Date :- 28.11.2018 Ruchi Agrahari