Court No. - 45 Case :- APPLICATION U/S 482 No. - 2036 of 1994 Petitioner :- Jai Prakash Yadav Respondent :- State Of U.P. Petitioner Counsel :- A.N.Wali,L.S.Srivastava Respondent Counsel :- Aga Hon'ble Rajesh Dayal Khare,J.
List revised Sri L.S. Srivastava, learned counsel for the applicant is not
present.
Learned A.G.A. is present on behalf of State.
Another Bench of this Court vide order dated 06.04.1994 had issued notice
and stayed the further proceedings of Sessions Trial No. 79-A of 1990
pending before learned Ist Additional Sessions Judge/Special Judge
(Gangsters Act) Gorakhpur on the ground that the co-accused has been
acquitted by the learned Sessions Judge, vide its Judgement and order dated
17.06.1993 in Gangster Sessions Trial No. 79 of 1990.
The present application under Section 482 Cr.P.C., has been filed for
quashing the proceedings of Sessions Trial No. 79-A of 1990 pending before
learned Ist Additional Sessions Judge/Special Judge (Gangsters Act),
Gorakhpur.
The present application under Section 482 Cr.P.C., is finally disposed offwith
the direction to the concerned Court below to consider and decide the Sesions
Trial No. 79A of 1990 as expeditiously as possible, in accordance with law,
preferably within a period of eight months from the date of production of a
certified copy of this Court.
Unless credible evidence is collected against the applicant coercive action
shall not be taken against the applicant during the pendency of the aforesaid
case before the Court below.
Interim order dated 06.04.1994 is hereby vacated.
The registry of this Court is directed to communicate the order of this Court
passed today to the concerned Court below forthwith.
Order Date :- 12.8.2010
S.Ali