Court No. - 21
Case :- APPLICATION U/S 482 No. - 32788 of 2018 Applicant :- Naveen Ahlawat And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Dubey,Neeraj Kumar Chaurasiya Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant application under section 482 of the Code of Criminal Procedure has been filed seeking expeditious hearing of Case No. 129 of 2009 new Case No. 318 of 2017 (State Vs. Naveen Ahlawat and others) under sections 498A, 323, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Agauta, District Bulandshahr, pending in the court of ACJM Court No.3, Bulandshahr.
Learned counsel appearing on behalf of applicants contended that vide order dated 09.11.2016 while disposing of the petition under section 482 Cr.P.C. this Court directed the Additional Chief Judicial Magistrate, Court No.3, Bulandshahr to consider and decide the case no. 1336 of 2016 expeditiously in accordance with law without granting any unnecessary adjournment to either of the party. The incident is of the year 2006 but after passing of more than 12 years and in spite of directions given by this Court, the case has not been disposed of. Learned counsel also pointed out that from the perusal of the orders dated 16.08.2018 and 23.08.2018 passed by learned Additional Chief Judicial Magistrate, Court No.3, Bulandshahr, the case has been transferred to the court of ACJM, Court No.1, Bulandshahr and as per the letter dated 29.08.2018 presently the matter is pending before the ACJM, Court No.3, Bulandshahr, a copy of the said letter has been annexed at page 103 of the paper book.
Learned Additional Government Advocate opposed the contentions raised on behalf of the applicant.
In view of the facts and circumstances stated above this application under section 482 Cr.P.C. is disposed of with direction to Additional Chief Judicial Magistrate, Court No.3, Bulandshahr to decide the aforesaid case, expeditiously, in accordance with law, preferably within a period of two months from the date a certified copy of this order is produced before it, without giving any unnecessary adjournment to any of the parties.
Order Date :- 18.9.2018 Prajapati [Chandra Dhari Singh, J]