Disposed

Daya Shankar v. State of U.P. and 2 Others

Allahabad HC18 Jul 2018A482/13743/2018

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought directions for an early decision in a trial for murder and culpable homicide, pending since 2015. The court disposed of the matter by directing the lower court to decide the case expeditiously within two months without unnecessary adjournments.

What did the court decide?

Direction to the lower court to decide the pending case expeditiously within two months without unnecessary adjournments.

Daya Shankar Vs State of U.P. and 2 Others — Criminal Trial and Appeal | Allahabad HC (2018)

¶1

Court No. - 49

¶2

Case :- APPLICATION U/S 482 No. - 13743 of 2018

¶3

Applicant :- Daya Shankar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Case No. 91 of 2015 (Daya Shankar Vs. State), arising out of Case Crime No. 270 of 2014, under section 302, 201 I.P.C., Police Station Pawara, District Jaunpur, pending in the court of learned ACJM-I, Jaunpur.

¶7

The protest petition filed by the present applicant is stated to be pending since 2015.

¶8

On 23.4.2018, this Court had passed below quoted order:

¶9

"Learned AGA will seek instructions in the matter from the Investigating Officer of Case Crime No. 270 of 2014 under Section 302, 201 IPC, P.S. Pawara, District Jaunpur on the specific point as to whether after the order of the court dated 07.06.2016 rejecting FR No. 1 of 2015 dated 27.01.2015 and directing further investigation any fresh police report has been submitted by him in court or not. In case no police report has been submitted after further investigation pursuant to the order dated 07.06.2016 passed by the Magistrate, it will be clarified by the learned AGA as to how various dates from 17.02.2017 to 12.12.2017 reflected in the order sheet of the case before the Magistrate in Case No. 91 of 2015 have come to be recorded in the absence of there being any proceedings in court.

¶10

Lay this matter in the additional cause list on 04.05.2018."

¶11

Considering the fact that the matter has remained pending since 2015 and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, without granting any unnecessary or long adjournments to either of the parties, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment.

¶12

Order Date :- 18.7.2018 Prakhar

Daya Shankar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Daya Shankar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd. Hasim Vs State of U.P. and Another

Asgan and 2 Others Vs State of U.P. and Another

Chandra Bhan Singh Vs State of U.P. and Another

Arun Kumar Gupta Vs State of U.P. and another

Kishan @ Ramadhar Vs State of U.P. and 2 Others

Sudhir Singh Chhonkar @ Sudhir and 6 Others Vs State of U.P. and Another