Allowed

Satyadev Dubey @ Satyadev v. State of U.P. and Others

Allahabad HC3 Feb 2022/4632/2018

Case brief

AI extract

What is this about?

The court allowed an application under Section 482 Cr.P.C. filed by the informant to direct the Juvenile Court, Sultanpur to expeditiously decide a pending criminal case arising out of a murder incident where other co-accused have already been convicted.

What did the court decide?

Direction to the learned Juvenile Court, Sultanpur to proceed with the Case Crime No. 2984 of 2003 expeditiously without granting any unnecessary adjournments.

Satyadev Dubey @ Satyadev Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 35

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Case :- APPLICATION U/S 482 No. - 4632 of 2018

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Applicant :- Satyadev Dubey @ Satyadev Opposite Party :- State of U.P. and Others Counsel for Applicant :- Ambika Prasad Mishra Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Ambika Prasad Mishra, learned counsel for the applicant and Mr. Vir Raghav Chaubey, learned A.G.A. for the State-respondent.

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By means of the instant application under Section 482 Cr.P.C., the applicant/petitioner who is the informant of the FIR registered as Case Crime No. 2984 of 2003 (State Vs. Brijesh Singh) under Sections 302, 504, 506, 342 IPC, Police Station Kotwali Nagar, District Sultanpur, has prayed for a direction to the Juvenile Court, Sultanpur to decide the aforesaid case expeditiously.

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Submission of learned counsel for the applicant is that his younger brother Shiv Kumar had been killed by Uday Bhan Singh, Surya Bhan Singh and Brijesh Singh who are named in the F.I.R. dated 18.09.2003 and FIR of the incident naming the aforesaid persons was lodged at Police Station Kotwali Nagar, District Sultanpur under Sections 302/34, 504, 506 IPC on 18.09.2003 which was registered as Case Crime No. 2984 of 2003. After investigation, the police has submitted a chargesheet on 28.10.2003.

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On 03.03.2004, learned Chief Judicial Magistrate, Sultanpur has passed an order separating the case of the accused Brijesh Singh because he was a juvenile at the time of incident and the matter of the rest accused was sent to Sessions Judge.

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By means of a judgement and order dated 09.10.2015 passed by the learned Sessions Judge, Court No. 1, Sultanpur in Sessions Trial No. 70 of 2004, other accused persons namely Uday Bhan Singh and Surya Bhan Singh have been convicted and sentenced under Sections 302/34, 506 (2) IPC. However, the trial against the opposite party No. 3-Brijesh Singh is still pending even after expiry of a period of more than six years since conviction and sentence of other accused in the trial arising out of the same case crime.

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Keeping in view the aforesaid fact, the present application

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under Section 482 Cr.P.C. is allowed with a direction to the learned Juvenile Court, Sultanpur to proceed with the Case Crime No. 2984 of 2003 (State Vs. Brijesh Singh) under Sections 302, 504, 506, 342 IPC, Police Station Kotwali Nagar, District Sultanpur expeditiously without granting any unnecessary adjournments to either of the parties.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 3.2.2022 Jaswant

Satyadev Dubey @ Satyadev v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Satyadev Dubey @ Satyadev v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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