Court No. - 48
Case :- MATTERS UNDER ARTICLE 227 No. - 3998 of 2018 Petitioner :- Manoj Kumar Dubey Respondent :- Additional Session Judge,Jaunpur And 7 Others Counsel for Petitioner :- Jitendra Rpasad Kushwaha,Shailendra Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This petition has been filed on behalf of petitioner seeking the direction to the lower court concerned to decide the trial of S.T. No.391/2013 (State vs. Shyam Bihari) in Case Crime No.281 of 2013, u/s 147, 148, 323, 504, 506, 452, 325, 308, 304 I.P.C., Police Station-Barsathi, District-Jaunpur, pending in the court of Additional Sessions Judge-VI, Jaunpur, within stipulated period of time.
Heard learned counsel for the petitioner and learned A.G.A. and also perused the record.
This is a petition moved under Article 227 of the Constitution of India. This is an anomalous attempt made by the petitioner to invoke this jurisdiction. This is an extra-ordinary jurisdiction. Ordinarily such kind of prayers, as have been made in this petition, are made in applications moved u/s 482 of Cr.P.C. This Court could have dismissed this petition for knocking the wrong doors but that will simply result in multiplicity of cases. But as the applicant has already come and insists upon only to give a direction to expedite the trial, this Court deems it proper to dispose of the matter.
In the facts and circumstances of the case, the lower court concerned is directed to expedite and conclude the proceeding of the aforesaid case at the earliest without granting any unnecessary adjournment to either of the parties, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
With the aforesaid observation this application is disposed off.
Order Date :- 29.5.2018 M. Kumar