This court disposed of an application under Section 482 Cr.P.C. directing the Additional Sessions Judge, Ballia, to decide a pending criminal case within one year, citing principles of judicial delay from Supreme Court precedents.
Direction to the Additional Sessions Judge, Ballia, to decide the pending case within one year.
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Court No. - 51 Case :- APPLICATION U/S 482 No. - 31670 of 2019 Applicant :- Amit Kumar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh 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 Additional Sessions Judge / Fast Track Court, Ballia, be directed to decide the S. T. No. 254 of 2017, arising out of case crime no. 498 of 2017, U/s 302/34, IPC, P.S. Dokati, District Ballia, within a stipulated period.
Without expressing any opinion on the merits of the case, this application is finally disposed off with a direction to the aforementioned court concerned to decide the aforesaid case expeditiously, in case the proceedings have not already been completed, if possible, within a period of one year from the date of production of certified copy of this order 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.
It is made clear that no adjournment shall be granted by the court below to any of the parties on mere asking but for exceptional circumstances while granting adjournment the reasons will have to be recorded in the order.
With the aforesaid observations, the application is disposed of.
Order Date :- 11.9.2019 VKG
1 issue framed by the court
Whether the trial court below should be directed to decide the pending criminal case within a stipulated period.
Colour shows how this judgement treated each authority
Vinod Kumar Vs. State of PunjabReferred¶5
Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220 · Who else cites this
Hussain and Another v. Union of IndiaReferred¶5
Hussain and Another v. Union of India; 2017 (5) SCC 702 · Who else cites this
1 provisions across 1 enactments
Amit Kumar Singh
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
