Smt. Seema Rani vs State Of U.P.And 3 Others
2022 Latest Caselaw 20508 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 40013 of 2022
 

 
Applicant :- Smt. Seema Rani
 
Opposite Party :- State Of U.P.And 3 Others
 
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This application U/s 482 Cr.P.C. has been filed to expedite the trial of case no.1718 of 2018 (State vs. Anupam Yadav) arising out of case crime no.1546 of 2017, U/s 498A, 323, 504 IPC & 3/4 D.P. Act, P.S. Dhoomanganj, District Allahabad and further to decide the application dated 08.11.2022 pending in the court of Additional Civil Judge (J.D.)/ J.M court no.21, Allahabad within stipulated time period.

Applicant is complainant in the aforesaid case. The submission of learned counsel for the applicant is that charge-sheet was submitted on 30.04.2018. The opposite party nos.2 to 4 challenged the charge-sheet before this Court by means of application U/s 482 Cr.P.C. No.32803 of 2018 and vide order dated 18.09.2018, this Court granted interim protection and passed the order that no coercive measures shall be adopted against the applicant till the next date of listing. On 30.11.2018, the case was listed and interim order was extended till 11.12.2018. On 11.12.2018 the case was listed but interim order was not extended. On 10.07.2019, the case was passed-over on the illness slip of counsel of opposite party and stay order was not extended. The applicant relying on the judgment of Asian Resurfacing of Road Agency Pvt. Ltd and another vs. Central Bureau of Investigation, filed many applications before the court below for summoning the opposite party nos.2 to 4. On 8.11.2022, the applicant filed an application for issuance of NBW against the opposite party nos.2 to 4 in view of the judgment of Hon'ble Apex Court in the case of Asian Resurfacing of Road Agency (Supra). This application is still undisposed. Nearly four years have been passed but till date nothing happened in the said case.

Learned AGA submitted that application of the applicant is pending before the trial court, so direction be issued for expeditious disposal.

Considering the submission of learned counsel for the parties, the facts and other circumstances of the case, this application U/s 482 Cr.P.C. is finally disposed off with a direction that the trial court shall pass appropriate orders on the application dated 8.11.2022 moved by the applicant in accordance with law within a period of two weeks from the date a certified copy of this order is produced before it.

Order Date :- 9.12.2022

C. MANI