Court No. - 68
Case :- APPLICATION U/S 482 No. - 19239 of 2021 Applicant :- Sharafat Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant, learned A.G.A. and perused material on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to the court concerned to decide the trial of S.T. No. 889 of 2013 (State Vs. Manjoor @ Kallu and others) arising out of Case Crime No. 349 of 2012, under Section 364, 302, 201, Indian Penal Code, registered at Police Station Muradnagar, District Ghaziabad, pending before the Court of Special Judge, E.C. Act, Ghaziabad within stipulated period.
Learned counsel for the applicant submits that the applicant is first informant of the case. Session Trial No. 889 of 2013 is pending in the Court of Special Judge, E.C. Act, Ghaziabad. In the court of Session Judge, Ghaziabad the matter is put up after committal of the case on 3.6.2013. Certified copy of the order sheet, which is filed as paper book no. 46 onward, shows that the charges have not been framed till today.
Considering the fact that the trial has remained pending since 2013, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible preferably within a period of six months from the date of filing a certified copy of this order, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
The party shall file computer generated copy of such order download from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 T. Sinha