Court No. - 65
Case :- APPLICATION U/S 482 No. - 36237 of 2019 Applicant :- Priya Rai Opposite Party :- State Of Up And Anr Counsel for Applicant :- Sudist Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sudist Kumar, learned counsel for the applicant and Sri Ankit Srivastava, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Session Trial No. 407 of 2019 arising out of Case Crime No. 548 of 2019 under Sections 420, 376, 504 and 506 I.P.C., P.S. Lanka, District Varanasi pending before the M.P./M.L.A. Court, Allahabad within stipulated period.
Submission has been made by learned counsel for the applicant that applicant is victim of this case while O.P. No.2 who is accused, is a Member of Parliament. It is further pointed out that O.P. No.2 had moved a Writ Petition No. 12289 of 2019 for staying his arrest but the same has been dismissed vide order dated 8.05.2019 against which O.P. No.2 had moved an S.L.P. before Hon'ble Apex Court which is annexed at page no. 29 which later on was withdrawn by O.P. No.2. It is further argued that O.P. No.2 has not been appearing before the trial court deliberately despite two dates having been fixed for appearance and till date nor even charge has been framed against him by the trial court, hence it is prayed that a direction may be issued to the trial court to decide this case within specific time period.
Learned A.G.A. has no objection if such direction is issued.
Though learned counsel for the applicant has not annexed order-sheet of the trial court to show as to how many dates were fixed but looking to the fact that even charge has not been fixed by the trial court till now as has been mentioned, the trial court is directed to make all efforts to decide this case within one year, if there is no legal hurdle without giving any adjournment to either party.
With this direction, this application is disposed of without issuing any notice to O.P. No.2 as it is an innocuous order. If the O.P. No.2 feels aggrieved, he may approach this Court.
Order Date :- 27.9.2019 A. Mandhani