SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top