Sandeep Khanna v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 34515 of 2023 Applicant :- Sandeep Khanna Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The present application has been filed beseeching the expeditious disposal of Criminal Case No. 1196 of 2013 (State Vs. Sandeep Khanna), Case Crime No. 18 of 2008, under Sections 504 and 506 IPC, Police Station Civil Lines, District Moradabad pending in the court of Additional Chief Judicial Magistrate-II, Moradabad/concerned Court.

¶3With respect to incident allegedly took place on 4.1.2008, an FIR has been lodged on 5.1.2008. Charge sheet has been submitted on 19.1.2008 and cognizance/summoning order has been passed on 27.8.2008. Thereafter, charges were framed against the accused on 3.7.2010. Since then the matter is protracted on one pretext or another without any fruitful steps being taken by the court concerned to decide the matter early. It is next submitted that it is an old matter relating to the incident allegedly took place on 4.1.2008 and since then, the accused is throughout being harassed for his no fault. Trial is being protracted due to non-cooperation of the prosecution.

¶4Learned AGA has no objection in case a direction is issued for early disposal of the aforesaid case.

¶5In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction to court concerned before whom the aforementioned case is pending disposal, to decide the same in accordance with law without granting unnecessary adjournment to either of the parties expeditiously, preferably, within a period of ten months from the date of receipt of a certified copy of this order.

¶6With the aforesaid direction, present writ petition is disposed of. Order Date :- 19.10.2023 vinay High Court of Judicature at Allahabad