Fatma Khatoon v. State of U.P. and 8 Other

Court No. - 88 Case :- APPLICATION U/S 482 No. - 39615 of 2023 Applicant :- Fatma Khatoon Opposite Party :- State Of U.P. And 8 Other Counsel for Applicant :- Arvind Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. By means of this application, the applicant has prayed for expeditious disposal of case being Case No. 368 of 2021 (Fatma Khatoon Vs. Shadab Khan) under Sections 498A, 323, 504, 506 IPC, Police Station Khetasarai, District Jaunpur pending in the Court of Additional Chief Judicial Magistrate-I, Court No. 12, Jaunpur within a time bound frame. At the outset, learned Additional Government Advocate pointed out that till date, accused-opposite party nos. 2 to 9 did not appear before the trial Court, therefore, the prayer of the applicant, who is complainant in this case, seeking direction to expedite the trial of the accused persons cannot be granted at this stage. Learned counsel for the applicant does not dispute the aforesaid fact as pointed out by learned A.G.A. and in reply submits that the applicant may be permitted to withdraw this application with liberty to file fresh application at the appropriate stage. In view of the above, this Court finds force in the preliminary objection/submission of learned A.G.A. for the State that without appearance of accused persons before the trial Court, no direction to expedite the trial of the accused within time bound period can be issued. However, having regard to the statement given by learned counsel for the applicant at the Bar, this application is dismissed as withdrawn with liberty to the applicant to file fresh application at the appropriate stage, after appearance of accused before the trial Court. Order Date :- 14.12.2023 Shubham High Court of Judicature at Allahabad