Ashok Kumar v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 37678 of 2023 Applicant :- Ashok Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Archana 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.5556 of 2013 (State vs. Ram Bahadur), under Sections 420, 409, 467, 468 & 471 I.P.C., Police Station-Kosi Kalan, District-Mathura.

¶3Learned counsel for the applicant submits that applicant lodged FIR against the opposite party no.2 and charge-sheet was submitted on 29.03.2005. Applicant challenged the charge-sheet before this Court by filing Application u/s 482 Cr.P.C. No.12123 of 2005. The Hon'ble Court stayed the further proceeding and thereafter stay was vacated by order dated 02.07.2019. Thereafter opposite party no.2 moved discharge application on 19.10.2019. The discharge application of the opposite party no.2-accused is pending and court has not taken any action and has not decided the discharge application since last four years.

¶4Considering the fact of the case and 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 discharge application 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 six weeks from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 2.12.2023 SKD High Court of Judicature at Allahabad