Disposed

Pramod Kumar Nayak v. State of U.P. and Anr.

Allahabad HC5 Feb 2019A482/1474/2019

Case brief

AI extract

What is this about?

In an application filed under Section 482 Cr.P.C., the High Court addressed a request for the production of a specific DNA report in a criminal trial involving offenses under Sections 376 and 506 IPC. The Court upheld the trial judge's discretion to decide on producing the report while mandating expedition of proceedings.

What did the court decide?

The application was disposed of with directions to the trial court to consider the DNA report and conclude the trial within a year.

Pramod Kumar Nayak Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 67

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Case :- APPLICATION U/S 482 No. - 1474 of 2019

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Applicant :- Pramod Kumar Nayak Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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By means of the instant application, the applicant is seeking a direction to the court concerned to summon the DNA report issued on 24.11.2001 relating to case crime no. 204 of 2001 in S.T. No. 148 of 2018,( State Vs. Pramod Kumar Nayak) under Sections 376 and 506 IPC, P.S. Ghangheta, District Santkabir Nagar, pending in the court of FTC-II/ Additional Sessions Judge, Santkabir Nagar.

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Infact the incident is of 2001 and from 2003 to 2010 the applicant has filed application under Section 482 Cr.P.C. No. 8912 of 2003, proceedings of the case was stayed and eventually on 08.12.2010 interim order granted was vacated and the trial has commenced as S.T. No. 148 of 2018.

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So far as requirement of alleged DNA report is concern it is absolutely DISCRETION of learned trial judge to have the same for "JUST" decision of case with the condition which he may deem fit and proper. It is given to understand that the poor lady who is at the receiving end, having a baby in her lap, and is also not financially very sound, all these factors would be taken into account by the learned trial judge for procuring the above DNA report, for determining the issue involve, if at all necessary. But while passing any order the learned trial judge must bear in mind that matter relates to 2001 and trial is progressing at snail's speed.

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It is expected from the learned trial judge to speed up the matter and try to conclude within one year from the date of production of certified copy of this order, if there is no legal impediment.

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With the aforesaid observation, the application is disposed of.

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Order Date :- 5.2.2019 Abhishek Sri.

Pramod Kumar Nayak v. State of U.P. and Anr.

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Pramod Kumar Nayak v. State of U.P. and Anr.

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