Pramod Kumar Jaiswal v. State of U.P. and Anr.
Case brief
What is this about?
This order in Applications u/s 482 directs the Sessions Judge, Deoria to frame charges in a case involving Sections 302, 307, and 120B IPC within two months, referencing Supreme Court precedents on time-bound trials.
What did the court decide?
Direction to Sessions Judge, Deoria to frame charges within two months.
What the court decided
Court No. - 51
Case :- APPLICATION U/S 482 No. - 30106 of 2019
Applicant :- Pramod Kumar Jaiswal Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Subodh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The only prayer made by the applicant is that Sessions Judge, Deoria be directed to decide the S.T. No. 172 of 2018, U/s 302, 307, 506, 120B, 34 IPC, P.S. Kotwali, District Deoria within a stipulated period.
It is contended that till date charges have not been framed.
In case that be the case, without expressing any opinion on the merits of the case, this application is finally disposed off with a direction to the aforementioned court to frame charges, if not already framed, positively within two months from the date of production of certified copy of this order and thereafter decide the aforesaid case as early as possible in case the proceedings have not already been completed strictly in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the case of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702 , if there is no legal impediment.
Issues for consideration
2 issues framed by the court
Whether the Sessions Judge, Deoria should be directed to frame charges in a specific criminal case within a stipulated period.
Whether the lower court should decide the impugned case as per Section 309 Cr.P.C. if proceedings are not completed.
Parties & counsel
- applicant
Pramod Kumar Jaiswal
- respondent
State Of U.P.
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/30106/2019
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