- (1.) Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
(2.) The instant application has been filed by the applicant with a prayer to direct the court below to decide the criminal case no.4289 of 2003, State Vs. Ram Vriksha & others, arising out of case crime no.55 of 1990, under Sections 325, 504, 427, 323 IPC, P.S. Baghauch Ghat, District Kushinagar, pending in the court of Judicial Magistrate, Kasya, Kushinagar as expeditiously as possible.
(3.) It is contended by the learned counsel for the applicant, that the applicant is the complainant who had lodged the first information report against the opposite parties no.2 to 5 on 24.9.1990 in respect of the incident dated 23.9.1990. After investigation the case was culminated into charge sheet on 7.10.1990, thereafter the cognizance was also taken by the court below. The case was initially registered within the jurisdiction of District Deoria but on account of formation of Kushinagar the instant case was transferred to District Kushinagar. The case is pending since 1990 but the charges have not yet been framed till date, defeating the very purpose of speedy trial. Therefore the court below may be directed to decide the case as early as possible.;