Court No. - 51
Case :- APPLICATION U/S 482 No. - 30778 of 2019 Applicant :- Shivam Pratap Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Kirit Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed by the applicant seeking quashing of the order dated 4.7.2019 passed by Addl. Sesions Judge, Court NO.3, Azamgarh and further seeking direction to the court below to conclude the trial within reasonable time.
I have perused the impugned order which shows that the application under Section 319 CrPC has not yet been decided and the same is pending as on date and thus, even the trial is pending as on date.
keeping in view the facts and circumstances and limited prayer made in the present application, no purpose would be served in keeping the matter pending before this Court.
Without expressing any opinion on the merits of the applicant's case, this application is finally disposed of with a direction to the court below concerned that in case the application under Section 319 CrPC has not yet been decided by the court concerned, the same shall be heard and disposed of finally by passing a reasoned and speaking order within a period of three months from the date of production of certified copy of this order and the trial be ended to its logical conclusion and the same will be decided as expeditiously as possible strictly in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the case of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India reported in 2017 (5) SCC 702, if there is no legal impediment. It is being made clear that no unnecessary adjournment shall be granted to either party by the court concerned but for exceptional circumstances and that too after recording reasons in writing, failing which the Presiding Officer will be personally answerable to this Corut.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 26.8.2019 SP