Court No. - 48
Case :- APPLICATION U/S 482 No. - 10090 of 2018 Applicant :- Satish Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 of Cr.P.C. has been filed by the applicant with the prayer to direct the court below to decide the bail application of the opposite party no. 2 moved in Complaint Case No. 119 of 2017, Satish vs. Vijendra and others, under Sections 379, 420, 494, 498, 504, 506 I.P.C., P.S.- Babugarh, District- Hapur, pending in the court of Civil Judge (Jr. Div.)/Fast Track Court No. 9, Hapur on the next date fixed and further be pleased to direct the court below to take deterrent action against the opposite party no. 2.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
Submission of the counsel for the applicant is that non-bailable warrants have been issued against the opposite party no. 2 but she is not appearing in the court and the proceedings of the case are therefore held up.
In the absence of complete record this Court is not in a position to ascertain the correct state of affairs. Suffice it to observe that the court concerned is required to look into the matter and if the court is not able to proceed in the matter because of non-appearance of the accused then the court must adopt all legal measures to procure the attendance of the accused. It is not needed to remind the court below about its power to procure attendance of an accused which are ample as provided by the statute. The court below is also required to expedite the proceedings of the case and bring it to a logical conclusion expeditiously without granting any unnecessary adjournment to either of the parties unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
With the aforesaid observation this application is disposed off.
Order Date :- 28.3.2018 Naresh