Court No. - 83
Case :- APPLICATION U/S 482 No. - 3947 of 2021 Applicant :- Santosh Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Neelesh Kumar Mishra, learned counsel for applicant and learned A.G.A. for State.
2. This application under section 482 Cr.PC has been filed with a prayer to direct court concerned to decide Criminal Case No. 09 of 2010 ( State Vs. Santosh Vishwakarma and others) arising out of Case Crime No. 187 of 2010 under Sections 41, 411, 414, 415, 420, 467, 468, 471 I.P.C., P.S.
Chandauli, District-Chandauli, now pending in the Court of Chief Judicial Magistrate, Chandauli, expeditiously within a stipulated period fixed by this Court.
3. A division Bench of this Court in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2020 (1) ADJ 531 (DB) has held that it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that court below is itself responsible for the delay.
4. Upon examination of record, the Court does not find any good ground to expedite the hearing of above mentioned case, which is of the year 2010 itself.
5. For the facts noted above, present application fails and is liable to be dismissed.
6. It is accordingly dismissed.
Order Date :- 17.9.2021 YK