SMT. KAMLESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned AGA and perused the records.

(2.) The application u/s 156(3) Crimial P.C. of applicants-complainant was admitted as complaint case by order dated 24.08.2005 of Judicial Magistrate, Hapur, Ghaziabad. In said complaint case no. 5228 of 2014 (Smt. Kamlesh Vs. Narendra and others) the dates were fixed for statement of witness u/s 202 Crimial P.C. and dates are still being fixed for same evidence.

(3.) Learned counsel for the applicants contended that conduct of Magistrate is not proper and he is unnecessary delaying the matter and regularly issuing notice to Doctor for evidence u/s 202 Cr.P.C.. His submission is that Magistrate may be directed to conclude the proceedings of recording of evidences u/s 202 Crimial P.C. and pass appropriate order on point of summoning.