Jagdish @ Tinchu v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 37787 of 2023 Applicant :- Jagdish @ Tinchu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mrityunjay Singh 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 Criminal Case No.1087/IX/2007 arising out of Case Crime No.260 of 2007 (State vs. Balvir and others), under Sections 379, 411 I.P.C., Police Station-Farah, District-Mathura, pending before the Additional Chief Judicial Magistrate, Court no.2, Mathura.

¶3Learned counsel for the applicant submits that the applicant is accused in the aforesaid case and has prayed that trial be expedited and should be decided within stipulated period but from perusal of the order-sheet, it appears that accused is not appearing in the present case and court has issued non-bailable warrant and initiated proceeding under sections 82 & 83 Cr.P.C. On perusal of record, it is apparent that proceeding is pending since 2007.

¶4Considering the fact that the trial has remained pending since 2007, 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 proceeding in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties. Order Date :- 12.10.2023 SKD High Court of Judicature at Allahabad