Allowed

Pushpa Singh Alias Dukhna v. State of U.P. Thru Prin Secy Deptt of Home Affairs Civil Sectt and Others

Allahabad HC4 Mar 2022/46/2022

Case brief

AI extract

What is this about?

Application filed praying for expedition and disposal of a criminal case pending since 2011. Court observed significant delay and directed the trial court to conclude the trial within six months.

What did the court decide?

Directed the trial court to expedite the trial and conclude it within six months from the date of the order.

Pushpa Singh Alias Dukhna Vs State of U.P. Thru Prin Secy Deptt of Home Affairs Civil Sectt and Others — Allahabad HC (2022) — LawSathi Research

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Court No. - 13

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Case :- APPLICATION U/S 483 No. - 46 of 2022

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Applicant :- Pushpa Singh Alias Dukhna Opposite Party :- State Of U.P. Thru Prin Secy Deptt Of Home Affairs Civil Sectt And Others Counsel for Applicant :- Ganga Prasad,Hemlata Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for respondent nos.1 and 2 as well as perused the record.

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Notices to respondent nos.2 to 6 are dispensed with.

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Through the present application the applicant has prayed for following relief:-

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"That for the facts, reasons, and circumstances stated in the accompanying writ petition/application duly supported with affidavit, it is prayed that the Hon'ble Court may graciously be pleased to direct to Opposite Party No.2 to expedite the Criminal case No. 1690 of 2011 (State Versus Aazad Singh and others) arising out of case crime No 904/2009 Under Section 323, 325, 504 of IPC Police Station Kotwall Nagar, District Pratapgarh pending before Learned Chief Judicial Magistrate, Pratapgarh at the earliest with the time fixed by this Hon'ble Court in the interest of justice

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It is, further prayed that this Hon'ble Court may kindly be pleased to direct to Opposite Party No.2 to disposed of expeditiously the case No 1690 of 2011 (State Versus Aazad Singh and others) arising out of case crime No. 904/2009 Under Section 323, 325 504 of IPC Police Station Kotwali Nagar, District Pratapgarh, pending before Learned Chief Judicial Magistrate, Pratapgarh in Accordance with Law at the earliest with the time fixed by this Hon'ble Court."

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Learned counsel for the applicant submits that the trial in question is pending since 2011. He further submits that till date even charges have not been framed.

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Learned A.G.A. has not disputed the arguments advanced by learned counsel for the applicant.

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On perusal of order-sheet it appears that trial is pending since a

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long period.

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On due consideration to the fact that the trial is pending since 2011, more than 11 years have passed, without entering into merit of the case, the trial court is directed to expedite the trial and conclude it preferably within a period of six months from the date of production of certified copy of this order.

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The application is disposed of accordingly.

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Order Date :- 4.3.2022

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Madhu

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Digitally signed by MADHU KUMARI Date: 2022.03.07 18:07:19 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Pushpa Singh Alias Dukhna v. State of U.P. Thru Prin Secy Deptt of Home Affairs Civil Sectt and Others

Case brief

What is this about?

What did the court decide?

Pushpa Singh Alias Dukhna v. State of U.P. Thru Prin Secy Deptt of Home Affairs Civil Sectt and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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