Asha v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 36192 of 2023 Applicant :- Asha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

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

¶2The applicant has invoked the inherent jurisdiction of this court U/S 482 Cr.P.C. beseeching the expeditious disposal of the Special Session Trial No. 139 of 2019 (State Vs. Ajay Kumar Yadav) arising out of Case Crime No.5 of 2019, under Sections 420, 406, 323, 504 I.P.C. and 3(2)Va, 3(1)da, 3(1)dha SC/ST Act, Police Station - Raunapar, District Azamgarh, pending in the court of learned Special Judge (SC/ST Act) Azamgarh.

¶3Present applicant has lodged an FIR being Case Crime No.0005 of 2019, dated 11.01.2019 qua incident dated 20.12.2018. In the aforesaid matter charge sheet has been submitted on 22.2.2019. Learned Court has framed charges on 24.02.2022. At present normal dates are being fixed for evidence of the prosecution. It is submitted that the present applicant is a working woman and it is difficult for her to appear before the Court on each and every date. It is further submitted that pendency of the proceedings begetting harassment and oppression to the present applicant.

¶4In 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 expeditiously, preferably, within a period of twelve months from the date of receipt of a certified copy of this order.

¶5It is expected that the matter should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity to the parties concerned without granting unnecessary adjournment to either of the parties.

¶6With the aforesaid direction, present application is disposed of. Order Date :- 9.11.2023/vkg High Court of Judicature at Allahabad