Court No. - 49
Case :- APPLICATION U/S 482 No. - 14119 of 2018 Applicant :- Mahavir Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Learned counsel for the applicant is permitted to correct the description of the prayer clause during the course of the day.
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 to decide the proceedings of discharge application filed by the opposite party no. 2 on 06.12.2017 with the proceedings of Criminal Case No. 34037 of 2017, arising out of Case Crime No. 219 of 2017, under Sections- 420, 467, 468, 471, 384, 120-B I.P.C., Police Station- New Agra, District- Agra, pending before the C.J.M., Agra.
Learned counsel for the applicant submits that the learned Court below has yet to comply with the order dated 08.11.2017 passed by this Court in Application U/S 482 No. 34287 of 2017 filed by the opposite party no. 2. By that order, this Court had provided the said opposite party no. 2 to file a discharge application which may be decided within three months. It is thus submitted that the proceedings are being delayed and that the discharge application is still pending.
Earlier, direction has been issued with respect to discharge application to be filed by the opposite party no. 2 and further in view of the fact that admittedly such an application has been filed by the opposite party no. 2, no further direction can be issued, at this stage.
It is however expected that the learned Court below will give full effect to the order passed by this Court and decide the discharge application filed by the applicant as expeditiously as possible.
The present application is disposed of with the aforesaid observation.
Order Date :- 24.4.2018 A. Singh