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Subodh Kumar Gupta vs State Of U.P. & Others on 9 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 12

Case :- U/S 482/378/407 No. – 6380 of 2019

Applicant :- Subodh Kumar Gupta

Opposite Party :- State Of U.P. Others

Counsel for Applicant :- Ramakar Shukla

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Mrs. Rekha Dikshit,J.

Heard learned counsel for the petitioner, learned AGA and perused the record.

This petition has been filed with the prayer to issue direction to IIIrd Additional Sessions Judge, Sultanpur to frame charge against accused persons in Sessions Trial No. 46 of 2018, State Vs. Prashant Lohia and others, arising out of case crime no. 285 of 2017, under Sectionsections 498A,Section304B,Section302 and Section201 IPC and Sectionsection 3/Section4 Dowry Prohibition Act, Police Station Kotwali Nagar, District Sultanpur, expeditiously within stipulated time.

Learned counsel for the petitioner has submitted that despite elapse of eight months, charge has not been framed against the accused persons. The accused persons are seeking unnecessary adjournments and are not cooperating in expeditious disposal of trial. It has also been submitted that ends of justice would be met if necessary direction is issued to the IIIrd Additional Sessions Judge, Sultanpur to frame charge against accused persons, in accordance with law, within stipulated time, to which, learned AGA has no objection.

Considering the facts and circumstances of the case and without entering into merits of the case, IIIrd Additional Sessions Judge, Sultanpur is hereby directed to frame charge against the accused persons (opposite parties 2 to 5) in Sessions Trial No. 46 of 2018, State Vs. Prashant Lohia and others, arising out of case crime no. 285 of 2017 under Sectionsections 498A,Section304B,Section302 and Section201 IPC and Sectionsection 3/Section4 Dowry Prohibition Act, Police Station Kotwali Nagar, District Sulanpur in accordance with law expeditiously, if possible within three months from the date of production of a certified copy of this order.

With the aforesaid direction, the petition is disposed of finally. Order Date :- 9.9.2019

GSY

 

 

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