Court No. - 49
Case :- APPLICATION U/S 482 No. - 19345 of 2018 Applicant :- Smt. Kamalawati Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hriday Narayan Pandey 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 as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Trial No. 5997 of 2013, arising out of Case Crime No. 441 of 2013, under Section 409 I.P.C., Police Station- Tarayan Sujan, District- Kushinagar, pending before the C.J.M., Padrauna, Kushinagar.
Learned counsel for the applicant submits that though the FIR had been lodged in the year 2013, the trial has remained pending for very long. It is causing harassment to the applicant.
In this regard, it is further submitted that though the applicant had filed an application for discharge, the same has also remained pending.
Considering the fact that the applicant's application has remained pending since 2013 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 decide the aforesaid application in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 29.5.2018 A. Singh