Court No. - 72
Case :- APPLICATION U/S 482 No. - 21612 of 2019 Applicant :- Pushpraj Singh Alias Sonu Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nand Kishor Mishra,Shilpa Ahuja Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed for a direction to the Chief Judicial Magistrate Mahoba to decide Case No.1935 of 2015 (State Vs. Raju Singh alias Avanendra Singh & Others), arising out of Case Crime No.98 of 2014, under Sections-147, 148, 149, 302, 307 I.P.C., Police Station- Kharela, District- Mahoba.
3. Learned counsel for the applicant submits that earlier his protest petition had been accepted by the learned Magistrate by order dated 07.11.2015 and the accused persons had been summoned. Against that order, a revision was filed which was allowed on 03.09.2016 and the matter remitted. Again, cognizance was taken which was made subject matter of challenge in revision that was allowed by order dated 14.11.2018 and again the matter was remitted. Third, cognizance order was passed thereafter which again became subject matter of challenge which has now been allowed by order dated 15.03.2019 and the matter remitted to the Chief Judicial Magistrate. The same is pending.
4. In such circumstances, it has been stated that the offence alleged is serious being under Sections 147, 148, 149, 302 and 307 IPC. The accused persons had managed to delay the proceeding for more than four years since first cognizance was taken. If the trial is allowed to be delayed for an indefinite period, the eventual trial proceeding may itself lose its value.
5. Having considered the arguments so advanced, without entering into the merits of the case, the present application is disposed of with a direction to the learned Chief Judicial Magistrate to pass an appropriate order strictly in accordance with law, as expeditiously as possible, preferably within a period of one month from the date of production of a certified copy of this order.
Order Date :- 30.5.2019 S.Chaurasia