Smt. Shyamwati v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38007 of 2023 Applicant :- Smt. Shyamwati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Session Trial No.772 of 2023 (State Vs.Dharmendra & another ), arising out of Case Crime No. 68 of 1999, under Sections 364 & 120B I.P.C., Police Station-Hathras Junction, District-Hathras, pending before the Session Judge, Hathras.

¶3Learned counsel for the applicant submits that the applicant lodged FIR against the accused persons and opposite party no.2 and charge-sheet was submitted in the year 2003 and charges were framed in the year 2023. P.W.-1 has been examined but trial court is fixing long date. The matter is very old.

¶4Considering the fact that the trial has remained pending since 1999, 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 in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 12.10.2023 SKD High Court of Judicature at Allahabad