Court No. - 83
Case :- APPLICATION U/S 482 No. - 11282 of 2021 Applicant :- Sucheta Sonkar Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Shitala Sahay Srivastav,Om Anand,Sudhir Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Om Anand learned counsel for applicant and learned AGA for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed for a direction to Chief Judicial Magistrate, Jaunpur to pass appropriate order in Complaint Case No.1651 of 2017, (Sucheta Sonkar Vs. Atul Sonkar and others), under Sections 498A, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Line Bazar, District Jaunpur pending before Chief Judicial Magistrate, Jaunpur.
Learned counsel for applicant contends that above mentioned complaint case was filed on 1.8.2019. Statements of complainant and her witnesses in terms of Sections 200 and 202 Cr.P.C. have already been recorded on 5.3.2020. However, inspite of the fact that a period of more than one year has rolled by since 5.3.2020, but court below has not proceeded to pass any order regarding summoning of prospective accused persons or otherwise. Consequently, applicant has approached this court by means of present application for a direction to court concerned to pass summoning order or otherwise in above mentioned complaint case within a time bound period.
Having heard learned counsel for applicant and learned AGA for State this court is of the view that no useful purpose shall be served by keeping this application pending.
Accordingly, present application is disposed of finally with a direction to Chief-Judicial Magistrate Jaunpur to decide the issue regarding summoning of prospective accused persons or otherwise in complaint case No.1651 of 2017, (Sucheta Sonkar Vs. Atul Sonkar and others), under Sections 498A, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Line Bazar, District Jaunpur within a period of two months from the date of production of a certified/computer generated copy, which shall be filed by applicant before court concerned by means of a notary affidavit.
Order Date :- 30.7.2021 piyush