Court No. - 52
Case :- APPLICATION U/S 482 No. - 10341 of 2018 Applicant :- Smt. Rachna Tripathi Opposite Party :- State Of U.P. And 3 Other Counsel for Applicant :- Kundan Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Kundan Rai, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on record.
Learned counsel for the applicant states that the applicant is a poor victim and informant in the instant case in which the charge sheet has been submitted after investigation and cognizance of an offence was taken in the year 2010. Thereafter, the accused is adopting all kinds of dilatory tactics and by misrepresentation of fact had obtained stay order from this Court and the same was vacated on 30.10.2016. Even thereafter, charges have not been framed till date on account of lackadaisical attitude of the court in accommodating the accused by granting adjournment with impunity.
Be that as it may, as the case is pending since past nine years and a poor lady is running from pillar to post, without expressing any opinion on the merits of the applicant's case, this application U/s 482 Cr.P.C. is finally disposed of with a direction to the courts below to frame charge against the accused within one month and decide the trial of Case No. 454 of 2010 (State vs. Dhananjay Tripathi and others) arising out of Case Crime No.123 of 2009 under Sections 323, 406, 498-A I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Kydganj,District Allahabad in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months thereafter from the date of production of a certified copy of this order, if there is no legal impediment. The trial court is further directed to take stern, strict and coercive measures to secure and procure their presence before it, if the accused are adopting dilatory tactics to delay the trial.
Order Date :- 30.3.2018 MN/-