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Allahabad High Court · body

2014 DIGILAW 1833 (ALL)

Munni Devi v. State of U. P.

2014-06-09

HARSH KUMAR

body2014
JUDGMENT Hon'ble Harsh Kumar, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. There is no need to issue notices to opposite parties no.2 to 5. 2. Learned counsel for the applicant submits that her husband is missing since 28.8.2008 and after inquiry she lodged the F.I.R. on 16.9.2008 against named accused under Section 364 I.P.C. in which the Investigating Officer submitted final report on 2.11.2008. Against the final report, the applicant moved protest petition and upon hearing on protest petition the learned magistrate accepted the protest petition and directed vide order dated 19.12.2012 to the Officer In-charge of concerned Police Station to further investigate and report. Against the above order dated 19.12.2012 for further investigation, the accused-opposite parties no.2 to 5 preferred Criminal Revision No.205 of 2013 before the Sessions Judge, Etah which is pending before the Additional Sessions Judge/Special Judge (S.C./S.T. Act), Etah for disposal. 3. Learned counsel for the applicant has prayed only for expeditious disposal of criminal revision by the Additional Sessions Judge/Special Judge (S.C./S.T. Act), within the stipulated period fixed by this Court. 4. Considering the totality of facts and circumstances, I find that the criminal revision is pending for disposal since more than one year and in the interest of justice the same is required to be decided for further investigation if at all required in a case in which F.I.R. was lodged in the year 2008. Hence the Additional Sessions Judge/Special Judge (S.C./S.T. Act) is directed to decide the Criminal Revision No.205 of 2013 "Awadhesh and others Vs. State of U.P. and another", P.S. Jaithra, District Etah, as expeditiously as possible within two months of production of this order before it. The application is disposed of accordingly.