Shri Piyush Pathak, learned counsel for the applicant submits that due to typographical mistake, instead of 'Cr.P.C.', the 'Constitution of India' has been typed in the heading of the application and therefore, he be permitted to correct the same.
No objection in this regard has been made by learned A.G.A.
In view of the above, learned counsel for the applicant is permitted to amend the petition as above during the course of the day.
Heard Shri Piyush Pathak, learned counsel for the applicant, Shri Rupendra Kumar Singh, learned counsel for the State and perused the record.
By filing this application, a prayer has been made by the applicant (informant) to issue a direction to the trial court namely Additional Chief Judicial Magistrate Vth, Court No.17, Sultanpur to decide Criminal Case No.1419 of 2019 (State v. Avinish Dwivedi and others) arising out of Case Crime No.588 of 2019, under Sections 498(A), 323, 504, 506 I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961 expeditiously within a time stipulated by this Court.
Learned counsel for the applicant while referring to the charge sheet submits that the charge sheet in this case has been filed on 15.03.2019 and after passage of two years even the charge has not been framed in the case and the applicant, who is presently residing in Delhi, is coming regularly to attend the court, but since the charge has not been framed nothing further is going on in her case and therefore, a suitable direction be given to the trial court to expedite the case.
No objection in this regard has been made by learned A.G.A.
Having heard learned counsel for the parties and having perused the record, it is evident that the request of the applicant is to issue directions to the subordinate court to decide the case expeditiously as even after filing of the charge sheet in the year 2019 the charge has not been framed yet by the trial court and the applicant/informant, who is presently living in Delhi, is prejudiced by the same.
Having regard to the nature of order intended to be passed, the issuance of notice to the accused persons namely Avinish Kumar Dwivedi (husband), Bachomitra (father-in-law), Rakesh Kumari (mother-in-law) and Shraddha (sister-in-law) is hereby dispensed with.
The application moved by the applicant is disposed of with the direction to the trial court to immediately frame the charge in the above-mentioned case and make all out efforts to dispose of the same at the earliest, in accordance with law, without granting soft adjournments to the parties.
Order Date :- 27.8.2021 Anupam S/-