Court No. - 79
Case :- APPLICATION U/S 482 No. - 26193 of 2021 Applicant :- Nanhey Opposite Party :- State Of U.P. Through Secretary Homeand Another Counsel for Applicant :- Azizur Rahman Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard, learned counsel for applicant, learned A.G.A. and perused the record.
This application under Section 482 Cr.P.C has been filed for directing the court below to conclude the trial expeditiously in Case No.3793 of 2011 (State vs. Yogendra and Another), under Sections 380, 411 I.P.C., P.S. Vijay Nagar, District Ghaziabad expeditiously pending in the court of A.C.J.M.-2, Ghaziabad.
Learned counsel for the applicant has submitted that on the written complaint of opposite party No.2, the Case crime No.361 of 2011, under Sections 380 I.P.C., Police Station Vijay Nagar, District Ghaziabad was registered on 06.07.2011. After investigation, the investigating officer filed the charge sheet and thereafter, cognizance was taken by the court below. He further submitted that the case is pending since the year of 2014 due to non presence of witnesses. He further submitted that as per the provisions of Section 309(1) Cr.P.C., it is obligatory on the part of the court below to conclude the proceedings and no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party. Therefore, kind indulgence of this Court is necessary to issue a direction to the court below to expedite the proceeding of the aforesaid case.
Learned A.G.A. has no objection to issue a direction for expeditious disposal of above case.
In view of above, the court concerned is directed to decide conclude the trial expeditiously in Case No.3793 of 2011 (State vs. Yogendra and Another), under Sections 380, 411 I.P.C., P.S. Vijay Nagar, District Ghaziabad expeditiously without granting any unnecessary adjournment to any party and if adjournment is inevitable that may be subject to heavy cost and for short dates.
With the aforesaid observation/direction, this application is finally disposed of.
Order Date :- 22.12.2021 A.P. Pandey