Mayaraj v. State of U.P. and 3 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 34774 of 2023 Applicant :- Mayaraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brijesh Kumar 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 Case No. 7799 of 2007 (State Vs. Lalji Nisad) under Sections 419, 420, 467, 468 I.P.C., arising out of Case Crime No. C-282 of 2007, under Sections-120B, 419, 420, 467, 468 I.P.C., Police Station-Line Bazar, District-Jaunpur, pending before the Chief Judicial Magistrate, Jaunpur.

¶3Learned counsel for the applicant submits that the applicant has moved an application under Section 156(3) Cr.P.C and a direction was issued to register an FIR. Thereafter, proceeding against the opposite party no.2 was started and applicant approached this Hon'ble Court by Application under Section 482 No.37068 of 2016 and the Hon'ble Court passed an order dated 02.12.2016 with a direction to Chief Judicial Magistrate concerned who shall conclude the matter within one year, but more than six years have passed proceeding is not completed and on every date case is being adjourned on the ground that original file of 156(3) is not traceable. Considering the facts and circumstances of the case, the court concerned is directed to conclude trial proceedings within nine months.

¶4Considering the fact that the trial has remained pending since 2016. 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 nine months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 26.10.2023/A Gautam High Court of Judicature at Allahabad