Allahabad High Court
Dr. Aruna Bharti vs State Of U.P. And Others on 29 July, 2021
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- U/S 482/378/407 No. - 2213 of 2016
Applicant :- Dr. Aruna Bharti
Opposite Party :- State of U.P. and Others
Counsel for Applicant :- Dr. Aruna Bharti(In Perso
Counsel for Opposite Party :- Govt. Advocate,R N Yadav
Hon'ble Saurabh Lavania,J.
The instant application has been filed u/s 482 CrPC with a prayer to quash the proceedings of Criminal Case No.1208 of 2014 (State vs.Dr. Aruna Bharti) under Sections 323, 504 343, 325 IPC., P.S. Mohanlalganj, District Lucknow which as per the averments made in this petition is pending before the court of Judicial Magistrate-II, Lucknow.
Heard Dr. Aruna Bharti, applicant-who appeared in person, learned A.G.A. for the State as well as learned counsel for the complainant.
Learned AGA submitted that in view of the law laid down by the Hon'ble Apex Court in the judgment passed in the case of Ahmad Ali Qureshi vs. State of U.P. : AIR 2020 SC 788 and the fact that the trial has already been commenced and the statements of prosecution witnesses i.e. P.W.1, P.W.2, P.W.3 and P.W.4 have already been recorded by the Court below, as it appears from the averments made in paras 20 to 25 of the petition as also considering the fact that earlier the petitioner approach this Court by means of petition no.4216 of 2016 under Section 482 Cr.P.C. challenging only the charge framed under section 307 IPC., under sections 4/16/17/18 of Bonded Labour System (Abolition) Act, 1976 and Section 3/14 of Child Labour (Prohibition and Regulation) Act, 1986 which was allowed by this Court on 24.02.2012 and further, that one petition No.4398 of 2014 was filed by the petitioner under Section 482 Cr.P.C., which was dismissed on 05.11.2014, this petition at this stage of proceedings is liable to dismissed. Also stated that earlier, the trial was proceeding as Session Trial No.82 of 2011 and after the order of this Court dated 24.02.2012, proceedings are pending before the Court of Judicial Magistrate since 2014.
On being confronted, after arguing at some length, the applicant in person submitted that she is confining her prayer only to the extent of expeditious disposal of pending trial before the court below which is pending since 2011 as such justice would suffice if a direction is issued to the court below to conclude the proceedings expeditiously, within a time stipulated.
AGA as well as learned counsel for the complainant has no objection to the prayer made by the applicant in person.
Considering the aforesaid aspect of the matter, material available on record and in the light of observations made by the Hon'ble Apex Court in the case of Ahmad Ali Qureshi (supra), this Court is not inclined to quash the proceedings pending before the trial Court.
The application under Section 482 Cr.P.C. is hereby, dismissed.
However, considering the fact that the criminal proceedings are pending since 2011 against the applicant, the trial Court is directed to make all sincere endeavours to expedite the proceedings of the trial and conclude the same as expeditiously, as early as possible, preferably within a period of six months, if there is no other legal impediment, from the date of production of a certified copy of this order, without granting unnecessary adjournment to either party, to the instant case.
Order Date :- 29.7.2021
P.s.
