Court No. - 51
Case :- APPLICATION U/S 482 No. - 31547 of 2019 Applicant :- Smt. Zaibunisha Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Khalil 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.
The only prayer made by the applicant is that Additional District and Sessions Judge, Deoria be directed to decide the S.
T. No. 56 of 2019 arising out of case crime no. 955 of 2018, U/s 147, 148, 452, 324, 307, 302, 504, 506 IPC, P.S. Sardhana, District Meerut within a stipulated period.
It has been contended that till date the charges have not been framed.
Without expressing any opinion on the merits of the case, this application is finally disposed off with a direction to the aforementioned court concerned to frame charges if not already framed within a period of three months from today and thereafter to decide the aforesaid case as early 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 v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that no adjournment shall be granted by the court below to any of the parties on mere asking but for exceptional circumstances while granting adjournment the reasons will have to be recorded in the order.
With the aforesaid observations, the application is disposed of.
Order Date :- 26.8.2019 Ujjawal