Court No. - 49
Case :- APPLICATION U/S 482 No. - 9485 of 2018 Applicant :- Yatindra Dev Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ratan Singh 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 as also perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the order dated 24.01.2018 passed in Case No. 2793 of 2012 under Section 452, 447, 323, 504, 506 IPC, Police Station Vijay Nagar, District Ghaziabad, pending before the Addl. Chief Judicial Magistrae, Ghaziabad.
Earlier the applicant had challenged the aforesaid proceedings in Application U/s 482 Cr.P.C. No. 8925 of 2013. The said application was entertained and interim protection was also granted to the applicant. Subsequently, by the order dated 25.02.2014, the aforesaid application came to be dismissed for want of prosecution.
Thereafter, it has been stated that the applicant was enlarged on bail and he applied for discharge under Section 239 Cr.P.C.
Presently, the aforesaid application filed by the applicant was rejected by the court below. Learned court below has observed that though it is true that there is an injunction order in favour of the applicant in the civil proceedings, however, the discharge application cannot be allowed for that reason because the other allegation of assault etc. involve factual allegations on which no opinion can be expressed without appraisal of evidence. In such circumstance, discharge application has been rejected.
Having heard learned counsel for the applicant there is no error in the impugned order, in view of the reasons noted above.
However, considering the fact that the trial has remained pending since 2012 and 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 expeditiously, in accordance with law, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year, if there is no other legal impediment.
Order Date :- 23.3.2018 Lbm/-