Single judge dismissed applicant's request for expeditious disposal of trial in 2018, finding insufficient delay since charge framing. Directed trial court to proceed as fast as possible.
Application disposed of. Trial court directed to proceed with trial as expeditious as possible.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 3815 of 2020
Applicant :- Radhey Shyam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kr Pandey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Vinod Kr Pandey, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for directing the court below i.e. Additional Sessions Judge/Special Judge/S.C./S.T. Act, Varanasi to decide the Special Trial No.215 of 2018 (State Vs. Lalji Gupta) under Sections 504 and 506 I.P.C. and 3(1)(dha) of S.C./S.T. Act arising out of Case Crime No.141 of 2018, P.S. Rohaniya, District Varanasi, within stipulated period.
Learned counsel for applicant submits that applications have been moved for directing the Additional Sessions Judge/Special Judge S.C./S.T. Act, Varanasi for expeditious disposal of Special Trial No.215 of 2018, that charges have been framed against accused on 03.08.2019 and trial is in progress.
Considering the arguments advanced by learned counsel for applicant, I find that hardly any long time has passed since framing of charges and so there is no sufficient ground for directing trial court for expeditious disposal, however the trial court shall proceed with the trial as expeditious as possible in accordance with law.
The application is accordingly, disposed of .
Order Date :- 6.2.2020 Md Faisal
1 issue framed by the court
Whether the trial court should be directed to decide the trial under specified sections of IPC and SC/ST Act within a stipulated timeframe.
1 provisions across 1 enactments
Radhey Shyam
State of U.P.
Harsh Kumar
As recorded by the court registry
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