2023 Supreme(Online)(ALL) 1227
ALLAHABAD HIGH COURT
SMT. NIKITA AGRAWAL – Appellant
Versus
State – Respondent
A482/36072/2022
Court No. - 66
Case :- APPLICATION U/S 482 No. - 36072 of 2022
Applicant :- Smt. Nikita Agrawal
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjay Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sanjay Kumar Dubey, the learned counsel for
applicant and the learned A.G.A. for State.
This application under section 482 Cr.P.C. has been filed for a
direction to Chief Judicial Magistrate, Hathras, District Hathras
to conclude Criminal Case No. 779 of 2022 (State of U.P. Vs.
Abhishek Kumar and Others) under sections 498A, 323, 504,
406 IPC and 3/4 D.P. Act,Police Station- Mahila Thana, District
Hathras within a time bound period fixed by this Court.
At the very outset, learned A.G.A. submits that proceedings of
aforementioned case insofar as they relate to Abhishek Kumar,
husband of first informant/opposite party-2 have been upheld
by this Court whereas with regard to other two accused, the
proceedings of aforementioned case have been stayed by this
Court.
In view of above, prayer prayed for by means of this application
is misconceived. Remedy lies to applicant by moving an
application under section 317 (2) Cr.P.C before Court below. for
sagrigating the trial of other two accused.
As a result, present application fails and is liable to be
dismissed.
It is accordingly dismissed.
Order Date :- 18.1.2023
Arshad
Digitally signed by :-
ARSHAD MAHMOOD
High Court of Judicature at Allahabad