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Smt. Shahjahan Begum And Others vs State Of U.P.And Another on 12 February, 2020


?Court No. – 77

Case :- APPLICATION U/S 482 No. – 25744 of 2008

Applicant :- Smt. Shahjahan Begum And Others

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Manish Tandon

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Sanjay Kumar Singh,J.

Case called out.

Learned counsel appearing on behalf of applicants and learned Additional Government Advocate representing the State are present, but no one is present on behalf of opposite party No. 2 to press this application.

By means of this application under section 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing of the cognizance/summoning order dated 2.7.2008 passed by Metropolitan Magistrate, court No. 10, Kanpur Nagar in Complaint Case No. 2489 of 2008 (Smt. Chaman Aara Begum vs. Shahjahan Begum) under Section 406 IPC.

From the perusal of the order sheet, it transpires that while admitting the application on 23.9.2008, notice was issued to opposite party No. 2 and further proceeding was stayed till the next date of listing.

It is submitted by learned counsel for the applicant that this case was filed wayback in the year 2008, and thereafter, despite sending registered letter to the applicants and best efforts made by him, the applicants could not contact him. Therefore, as on date, he has no instructions in the matter to argue the case on behalf of the applicants.

The proceeding is pending since 2008. There is no justification to keep the matter pending for indefinite period at the dint of the interim order in the wake of heavy pendency of the cases where the dockets are already bursting. The factual aspect of the case raised by means of this petition which may adequately be considered by the trial court while deciding both factual and legal aspect of the case.

The Hon’ble Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of Investigation; AIR 2018 SC 2039, has directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended, hence the interim order dated 23.9.2008 is vacated.

In view of above, this application is dismissed for the want of prosecution.

The office is directed to communicate this order to the court concerned to proceed with the case in accordance with law.

Order Date :- 12.2.2020




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