Court No. - 69
Case :- APPLICATION U/S 482 No. - 15827 of 2007 Applicant :- Mahesh Chandra Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Singh,Satyendra Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the order dated 29.05.2007 of the Additional Sessions Judge (FTC) Mahoba passed in Session Trial No. 41 of 2006 (State Vs. Mahesh Chandra) framing charge against the applicant under sections 4/5 of Explosive Substance Act, 1908 and further be be pleased to stay the further proceedings of the aforesaid case.
During the course of argument learned counsel for applicant has confined his prayer to this effect to direct the court below to consider and conclude the aforesaid case pending before Additional Sessions Judge (FTC) Mahoba, expeditiously, preferably within the time stipulated by this Court.
The contention of learned counsel on behalf of applicant is that the applicant is a licence holder of explosive magazine and his licence is valid till March, 2005. The explosive substance recovered from the possession of applicant has been released in favour of the applicant and he is already on bail.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the material on record, no useful purpose would be served in keeping the petition pending which is finally disposed off with a direction to the Additional Sessions Judge (FTC) Mahoba to consider and conclude the Session Trial No. 41 of 2006 (State Vs. Mahesh Chandra) framing charge against the applicant under sections 4/5 of Explosive Substance Act, 1908, most expeditiously, if already not decided, strictly in accordance with law, after hearing the parties and without granting any unnecessary adjournment to either the parties, preferably within a period of six months from the date of production of a certified copy of this order before him, provided the proceedings are not stayed by any Court of law.
Order Date :- 25.9.2019 Arti