Heard learned counsel for the applicant and learned A.G.A. for the State.
By means of the present application under Section 482 Cr.P.C., the applicant has sought for a suitable direction to the Chief Judicial Magistrate, Sant Kabir Nagar to summon the accused/opposite party nos. 2 to 7 in complaint case no. 231/2019, P.S. Mehdawal, District Sant Kabir Nagar in appropriate section in accordance with law within time stipulated by this Court.
It was submitted by learned counsel for the applicant that applicant has filed an application under Section 156(3) Cr.P.C. on 08.02.2019, which was treated as complaint case vide order dated 12.03.2019 and after that statement of complainant under Section 200 Cr.P.C. and of witnesses under Section 202 Cr.P.C. have also been recorded in May, 2019, but after that no further progress has been made and that despite several dates, matter has not been heard on the point of summoning. Learned counsel further submits that a direction may be issued to the concerned court to decide the aforesaid complaint within specific time.
In the instant case the relief sought by applicant is that a direction may be issued to the court below to summon the accused/opposite party nos. 2 to 7 in the above-stated complaint case. Apparently no such relief can be granted by this Court. Hence the prayer as sought is refused.
However, considering the facts of the matter and submissions of learned counsel for the applicant, the Chief Judicial Magistrate, Sant Kabir Nagar is directed to consider and decide the aforesaid complaint case, expeditiously, preferably within a period of nine months from the date court production of a copy of this order in accordance with law, provided there is no legal impediment.
With the aforesaid observations, the instant application is finally disposed of.
Order Date :- 8.2.2021 Anand