Smt Lilawati Devi v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 44304 of 2023 Applicant :- Smt Lilawati Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Prasad Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and Sri Vishwa Deepak Mishra, learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to direct the trial court to conclude the trial of the Case No.425 of 2014 arising out of Case Crime No.205 of 2013, under sections 467, 468, 471, 419, 420, 504, 506 I.P.C., Police Station Cholapur, District Varanasi.

¶3Learned counsel for the applicant submits that charge has been framed against the opposite party no.2 and two witnesses have been examined. P.W.-2 cross examination was concluded in two years and thereafter no witness has been produced or examined and court is not taking interest to conclude the trial.

¶4Per contra, learned A.G.A. vehemently opposed the contention of learned counsel for the applicant and submitted that from perusal of order-sheet it appears that the applicant is not producing the witness as bailable warrant has been issued against P.W.-3.

¶5Considered the arguments raised by learned counsel for the applicant. From the record, it is apparent that the applicant who is informant is not producing prosecution witness and, as such, prayer for expedite the trial is not accepted and accordingly the present 482 application is dismissed with the aforesaid observation. Order Date :- 5.12.2023 SKD High Court of Judicature at Allahabad