Court No. - 45 Case :- APPLICATION U/S 482 No. - 9651 of 2010 Petitioner :- Bramha Dutt Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- Sudhir Dixit Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA for the State
and perused the record.
The learned counsel for the applicant submitted that the criminal case no. 776
of 2009 (State Vs. Mahendra and others) is pending with no plausible
progress in the court of Additional Chief Judicial Magistrate, Court No.8,
Aligarh despite a direction dated 21.5.2008 given by this court in criminal
misc. application no. 10646 of 2008. It was further submitted that the trial
court be directed to hold the trial on day-to-day basis.
Holding trial on day-to-day basis is no doubt requirement of section 309
Cr.P.C. but the work load as well as number of pendency of cases in the court
need to be given due account while giving any such direction.
In view of the aforesaid, it is provided that the learned trial court will hold the
trial expeditiously and if possible on day-to-day basis in terms of section 309
CrPC.
With the aforesaid observations, the petition under section 482 CrPC is
disposed of finally.
Order Date :- 2.4.2010
MTA