Chiranjeev Pathak vs State Of U.P. And Anr.
2015 Latest Caselaw 2664 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28899 of 2015
 
Applicant :- Chiranjeev Pathak
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Ashutosh Gupta,Rajendra Kumar Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Rajendra Kumar Pandey, learned counsel for the applicant and Sri Ripusudan Yadav, learned A.G.A. appearing for the State, and perused the record.

The only prayer made by the applicant is that a direction be issued to the court below to conclude the trial of the Case No. 1047 of 2004, in Case Crime No. 1200 of 1997, under Sections 409, 420, IPC, Police Station Colonelganj, District Allahabad, within some stipulate time.

It has been submitted by the learned counsel for the applicant that applicant has retired from service on 30.06.2007, and he was facing trial, which is of the year 1997. The applicant earlier approached before this Court by means of filing the application under Section 482 Cr.P.C. No. 5860 of 2006, and this Court vide order dated 25.05.2006 has disposed of the said application, with the direction to the learned trial court to decide the aforesaid case expeditiously, preferably within four months from the date of production of certified copy of this order. The said order was also placed before the learned trial court on 12.06.2006, but the trial has not yet been conduced by the trial court, and the retiral benefits of the applicant was held up on account of pendency of the present case. The applicant is aged about 68 years, and  not feeling well. He submitted that once the charge-sheet has been submitted, but the official of C.P.W.D, who are the witnesses of the case, are not turned up before the trial court to give their evidence and the trial is lingered on.

Considering the facts of the case, without expressing any opinion on the merits of the applicant's case, this application U/s 482 Cr.P.C. is finally disposed of with a direction to the court below to decide aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.

Order Date :- 24.9.2015/VKG