Court No. - 69
Case :- APPLICATION U/S 482 No. - 31989 of 2019 Applicant :- Udai Bhan Singh Gautam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajan Upadhyay,Ramesh Upadhyaya(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajan Upadhyay, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. - I, for the State.
The present application under Section 482 Cr. P.C. has been filed to stay/quash the entire criminal proceedings of Criminal Case No. 382 of 2002 arising out of Case Crime No. 9 of 1999, under section 420, 120-B IPC read with Section 7/8 of the E.C. Act, Police Station- Fatehganj Poorvi, District- Bareilly, along with the charge sheet dated 30.1.2002 and thereupon cognizance order dated 29.6.2002 pending in the court of AcJM, Bareilly.
It has been contended by learned counsel for the applicant that applicant was working as Deputy Director, Agriculture and total 18 cases were instituted against the applicant in the year 2002-2003, out of which applicant has already been acquitted in 9 cases. It is stated that matter of promotion of applicant was considered way back in the year 2003 and his promotion report was kept in a sealed envelop on the ground that he was facing criminal cases. He further argued that the impugned proceedings are going on against the applicant since 2002 but the trial has not been concluded and due to pendency of the case, the matter of promotion of the applicant is pending since last 15/16 years.
Learned A.G.A. opposed the prayer, however he has not disputed the above stated position.
Considering the submissions made by the learned counsel for the parties and perusing the record and also keeping in view the law laid down in R. Kalyani Vs. Janak C Mehta and others 2009 (1) SCC 516 and Kamlesh Kumari and others Vs. State of U.P. and others 2015 AIR SCW 3700, no case for quashing of proceeding is made out.
The prayer for quashing the entire proceeding is refused.
Learned counsel for the applicant lastly confined his prayer to the extent that the court below be directed to expedite the case of the applicant within the stipulated period of time fixed by this Court.
However, keeping in view of the submissions of learned for the applicant and considering the attending facts and circumstances, concerned court below is directed to decide the Criminal Case No. 382 of 2002 arising out of Case Crime No. 9 of 1999, under section 420, 120-B IPC read with Section 7/8 of the E.C. Act, Police Station- Fatehganj Poorvi, District- Bareilly, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order.
With the above observations, the present criminal misc. application under section 482 Cr. P.C. is disposed off.
Order Date :- 22.8.2019 ssm