Smt. Chanchal v. State of U.P. and 6 Others

Court No. - 90 Case :- APPLICATION U/S 482 No. - 41562 of 2023 Applicant :- Smt. Chanchal Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Vijay Babu Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

¶2The present application U/s 482 Cr.P.C. has been filed beseeching the expeditious disposal of Case No.09 of 2020 (State Vs. Raju and others), arising out of Case Crime No.289 of 2019, under Sections 498A, 323, 504 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Mathura, pending before the learned Judicial Magistrate/F.T.C., Mathura.

¶3It is submitted by learned counsel for the applicant that the present applicant has lodged an FIR, being Case Crime No.0289 of 2019 dated 15.11.2019, against all the relatives of the husband leveling allegation of torture and cruelty for demand of dowry. In the aforesaid matter, cognizance/summoning order has been passed on

10.06.2020. Since, then case is throughout being protracted on one pretext or other. Accused are not cooperating with the trial, who are throughout moving an application for adjournment and the trial court illegally granting an adjournment without considering the facts that till date even charges have not been framed.

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

¶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 expeditiously, preferably, within a period of one year from the date of receipt of a certified copy of this order.

¶6It is expected that the matter should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.

¶7With the aforesaid direction, present application is disposed of. Order Date :- 12.12.2023/Mini High Court of Judicature at Allahabad