1. Present petition under Article 227 of the Constitution of India has been filed with following prayers:-
(i) to pass appropriate order or direction, commanding and directing the opposite party no.1 - learned Additional Chief Judicial Magistrate-I, Lucknow to decide the case No.27087 of 2015 arising out of Crime No.376 of 2008 under Sections 498A, 323, 504, 506 IPC, 3/4 Dowry Prohibition Act, Police Station Kaiserbagh, Lucknow within stipulated time as provided by this Hon'ble Court.
(ii) to pass appropriate order or direction, commanding and directing the opposite party no.2 to ensure the compliance of orders of learned trial court regarding calling for death report of Sabira Bi and produce the prosecution witness for conclusion of trial.
(iii) any other order or direction which this Hon'ble court may deem, fit, just and proper may also kindly be passed in favour of the petitioners.
(iv) to allow the petition with costs.
2. The petitioners are husband and father-in-law of respondent No.3. Petitioner No.1 who appears in person submits that Nikah between him and respondent No.3 took place on 05.01.2008. Soon after the Nikah, matrimonial discard and issued cropped up between the parties and respondent No.3 registered an FIR at Crime No.376 of 2008 (supra) against the petitioners and Late mother-in-law of respondent No.3.
3. Police after investigating the offence filed charge-sheet No.150/2008 on 16.11.2008. Cognizance was taken on the charge-sheet and the accused were summoned to face trial. It is very strange that after taking cognizance in the year 2008, charge was framed after 10 years i.e. 20.11.2018.
4. Since then, no prosecution witness has been examined and the petitioners have to appear on every date before the trial Court.
5. Considering the undue delay in conclusion of the trial, learned trial Court is directed to conclude the trial Case No.27087 of 2015 (supra) within a period of six months from the date, a certified copy of this order is produced before it.
6. With the aforesaid observation/direction, the petition is disposed of.
Order Date :- 26.2.2021 prateek