Disposed

Danish Miya v. State of U.P. and Another

Allahabad HC12 Dec 2019A482/6518/2013

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. filed to expedite a pending criminal trial. The court directed the trial court to secure witness attendance and conclude the trial within six months without unnecessary adjournments.

What did the court decide?

An order directing the C.J.M., Rampur to conclude the trial of Criminal Case No. 4470 of 2007 within six months without unnecessary adjournments, in accordance with Section 309 Cr.P.C.

Danish Miya Vs State of U.P. and Another — Allahabad HC (2019) — LawSathi Research

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 6518 of 2013

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Applicant :- Danish Miya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nisar Uddin,Shuja Uddin Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Rajul Bhargava,J.

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Heard Sri Ram Anuj Prajapati, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to drop the further proceedings of Criminal Case No. 4470 of 2007 (State vs. Danish), arising out of Case Crime No. 842 of 2002, under Sections 419, 420, 467, 468, 471 IPC, Police Station Civil Lines, District Rampur, pending before Chief Judicial Magistrate, Rampur as no oral and documentary evidence has been produced till date or to direct C.J.M., Rampur to decide the matter within a stipulated period.

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A prayer for expediting the trial of Criminal Case No.4470 of 2007 has been made in the present application. The applicant is an accused, however, the Court vide order dated 1.3.2013 stayed further proceedings of the aforesaid case. In fact, no prayer for quashing the proceedings has been made in the present case and merely a direction for expeditious disposal of the trial has been sought.

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Be that as it may, as the incident is of the year 2002 and the trial is pending since 2007, trial court concerned is hereby directed to adopt all stern action for securing attendance of the witnesses and expedite the trial of aforesaid case and conclude the same in accordance with law on day to day basis in consonance with the provisions of Section 309 Cr.P.C. without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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With the aforesaid observations, the present application under Section 482 Cr.P.C. application is finally disposed of .

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Order Date :- 12.12.2019 Vikas

Danish Miya v. State of U.P. and Another

Case brief

What is this about?

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Danish Miya v. State of U.P. and Another

Case brief

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