Allahabad High Court
Smt. Shail Rai vs State Of U.P. And 3 Others on 19 November, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- APPLICATION U/S 482 No. - 41168 of 2019 Applicant :- Smt. Shail Rai Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kirtikar Pande Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and the learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to direct the court concerned to proceed expeditiously with the trial of the case no. 210 of 2019 arising out of case crime no. 307 of 2018 under sections 406, 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Kotwali, District Ballia and decide the same within a stipulated period so fixed by this Court. Further prayer has been made that the court concern may ensure the appearance of the accused / private opposite parties before it by initiating coercive measures against them.
It is submitted by the learned counsel of the applicant that period of protection granted by the Apex Court in Special Leave to Appeal (Crl.) No.10840 of 2018 has expired and protection from arrest granted in criminal misc. writ petition nos.22283 of 2018 and 25220 of 2018 has also expired. This fact was raised before the court concerned, but no coercive process has been issued against the opposite parties no.2 to 4.
Instant application has been filed with the prayer to direct the court below to ensure the presence of the accused-persons issuing coercive process against them and also to decide the aforesaid criminal case within a stipulated period.
Having heard learned counsel for the parties and going through the record, the application is disposed of with the direction to the applicant to move proper application before the court concerned ventilating all the facts and annexing the order passed by this Court as well as order passed by the Apex Court in the aforesaid Special Leave to Appeal within a period of 15 days from today. If such an application is moved, the court concerned is directed to decide / dispose of such application by passing an appropriate order against the accused-persons for ensuring their presence, if effect and operation of the order passed by this Court as well as Apex Court has expired and there is no legal impediment.
With the aforesaid observations, this application stands disposed of.
Order Date :- 19.11.2019 ss