Ram Kumar Sharma v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 44537 of 2023 Applicant :- Ram Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant and the learned AGA for the State.

¶2The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned Judicial Magistrate 3rd, Saharanpur to expedite the proceedings of Criminal Case No. 1240/2020 (State Vs. Kurban and others), under Section 3(D) of Prevention of Damages to Public Property Act, 1984, P.S.-Biharigarh, District-Saharanpur expeditiously within stipulated period.

¶3Learned counsel for the applicant has submitted that applicant is an accused in the instant case and charges in the said case have already been framed on 14.8.2018, however, even after lapse of more than five years, the trial has not yet been concluded and has been lingering-on, on one pretext or the other.

¶4In view of the above, the Judicial Magistrate 3rd, Saharanpur is expected to make all endeavours to decide the aforesaid case expeditiously, preferably within a period of one year from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in concluding the aforesaid case.

¶5With the aforesaid observations, this application u/s 482 Cr.P.C. is finally disposed of. Order Date :- 14.12.2023 KU High Court of Judicature at Allahabad