Court No. - 49
Case :- APPLICATION U/S 482 No. - 29235 of 2018 Applicant :- Umesh Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Raj Mangal Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been seeking a direction to the learned Additional Chief Metropolitan Magistrate-II, Kanpur Nagar to conclude and decide the proceeding of the Criminal Case No. 3972 of 2008, (State Vs. Umesh Kumar and others), arising out of Case Crime No. 97 of 2008, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Barra, District Kanpur Nagar, pending before the learned Additional Chief Metropolitan Magistrate-II, Kanpur Nagar.
Learned counsel for the applicant submits that despite earlier order passed in 482 Cr.P.C. Application No. 30174 of 2017 decided on 13.9.2017, the trial proceedings have yet not been concluded. For ready reference, the operative part of the order dated 13.9.2017 is quoted below:-
"No useful purpose would be served in keeping the petition pending, which is finally disposed of with a direction to Additional Chief Metropolitan Magistrate-II, Kanpur Nagar to consider and decide the Criminal Case No.3972 of 2008 (State Vs. Umesh Kumar and others) in Case Crime No.97 of 2008, under Sections 498-A, 323, 504, 506 I.P.C., and Section 3/4 Dowry Prohibition Act, Police Station Barra, District Kanpur Nagar, most expeditiously, preferably within a period of six months from the date of production of certified copy of this order, in accordance with law, after hearing the concerned parties, without granting unnecessary adjournment to either of the party, in case the proceedings of the aforesaid case, is not stayed by any Court."
Inasmuch as, direction has already been issued by this Court as noted above, no further directions is issued in the present application. It is however, expected that the learned court below shall make full compliance of the order dated 19.9.2017.
With the aforesaid directions, this application is finally disposed of. Order Date :- 24.8.2018 Mini