Court No. - 25
Case :- APPLICATION U/S 482 No. - 30417 of 2018 Applicant :- Mangal Singh Opposite Party :- State Of .U.P And 4 Other Counsel for Applicant :- Santosh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Supplementary affidavit filed today by learned counsel for the applicant, is taken on record.
Heard Sri Santosh Kumar Verma, learned counsel for the applicant, Sri Abhinav Anand Singh, learned A.G.A. for the State of U.P. and perused the record.
This application under Section 482 Cr.P.C. has been filed for directing the Special Judge (D.A.A. Act) Jalaun at Orai to decide the protest petition dated 24.11.2017 in Case No.
F.R. No. 23 of 2017, arising out of Case Crime No. 1100 of 2015, in Case (Mangal Singh vs. Narayan Das), under Sections 394, 302 IPC, Police Station Kotwali Konch, District Jalaun within specific period.
Learned counsel for the applicant submits that the applicant has filed a protest petition on 24.11.2017. He has filed protest petition against the final report submitted by I.O. of this case which has not been heard and decided till date without any just reason. In view of the above, the direction for expeditious disposal of protest application be issued.
Learned A.G.A opposed the above prayer of the learned counsel for the applicant.
A perusal of the order sheet of the Court concerned (Annexure SA-1 of the supplementary affidavit) which is filed today, reveals that on two occasions case have been adjourned on behalf of the applicant and on some occasions, case was adjourned due to availability of Presiding Officer of the Court. In view of the above, hearing of the protest petition of the applicant could not take place.
On the basis of the above referred submissions of learned counsel for the applicant, facts and material available on record, I am of the view that issuing the direction for expeditious disposal of the protest application of the applicant will be justified. issued.
In view of the above, it is directed that the Court below will decide the protest application of the applicant expeditiously preferably within three months from the date of a certified copy of this order.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 13.9.2018 Monika