Kapil Deo @ Pankaj Shukla vs State Of U.P. and Another

Vikram Nath, J.—Heard learned counsel for the parties.

Learned counsel for the applicant submits that this application may be treated to be u/s 483 Cr.P.C.

Applicant and seven others were implicated in Case Crime No. 68 of 2012 under Sections 498A IPC and 3/4 Dowry Prohibition Act. Earlier all the eight accused had filed an application u/s 482 Cr.P.C. No. 26436 of 2013. In the said case this court stayed further proceedings of Criminal Case No. 409 of 2013 arising out of the aforesaid case crime number with regard to applicant nos. 2 to 8 therein. It further provided that the criminal case shall proceed against the applicant no. 1 (husband). The present application has been filed praying for appropriate directions to the Trial Court to expedite the trial of the applicant. Copy of the order dated 5.8.2013 has been placed on record by learned counsel for the applicant, which reads as follows:

Heard learned counsel for the applicants and perused the impugned order.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed six weeks'' time to file counter affidavit.

Issue notice to opposite party no. 2, who may also file counter affidavit within the same period.

Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List after eight weeks before the appropriate Court.

Learned counsel for the applicants submitted that the impugned criminal prosecution has been instituted by the opposite party no. 2 against his sister''s husband, Kapil Dev @ Pankaj Shukla, applicant no. 1 and his all other family members with the ulterior intention of harassing them, although no offence against them is disclosed from the material on record and the case of the applicant nos. 2 to 8 is clearly distinguishable from that of her husband. Submissions made by learned counsel for the applicants, prima facie, appear to be correct and they have made out a case for grant of interim relief.

Till the next date of listing, further proceeding of Case No. 409 of 2013, under Sections 498A I.P.C. and 3/4 D.P. Act, P.S. Sikandara, District Kanpur Dehat shall remain stayed as against the applicant nos. 2 to 8. However, the case shall proceed against the applicant no. 1 (husband). It is further provided that if the applicant no. 1 appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon''ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, .

Learned AGA has submitted that a reasonable time may be allowed to the Trial Court to conclude the trial as against the applicant, who is husband.

Considering the facts and circumstances of the case this application is disposed of with appropriate directions to the Trial Court i.e. Additional Chief Judicial Magistrate-II, Kanpur Dehat to make an endeavour to expedite the trial of Criminal Case No. 409 of 2013, State of U.P. vs. Kapil Deo @ Pankaj Shukla and others, under Sections 498A IPC and 3/4 Dowry Prohibition Act, P.S. Sikandar, District Kanpur Dehat, against the applicant, within a period of one year from the date of production of a certified copy of this order. The Trial Court shall also take into consideration the pendency of other older cases on board and subject to available of time shall proceed to decide the case in accordance to law within the time frame allowed above.