Disposed

Sri Kant Yadav v. State of U.P. and Another

Allahabad HC23 May 2022A482/12086/2022

Case brief

AI extract

What is this about?

The court disposed of an application seeking directions to the Juvenile Justice Board for expeditious trial under Section 302 IPC. It held that no fresh direction is required as previous directions were stayed by the High Court pending legal impediments, directing the board to conclude trial once such impediments are removed.

What did the court decide?

The application disposed of; no fresh direction granted as previous orders were stayed; direction to Juvenile Justice Board to proceed once legal impediments are removed.

Sri Kant Yadav Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 12086 of 2022

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Applicant :- Sri Kant Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Pankaj Dwivedi, learned counsel for the applicant, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.

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By way of present application, the applicant made prayer to direct the Juvenile Justice Board, District Agra to decide the trial of Juvenile Justice Board No. 114 of 2017 arising out of Case Crime No. 34 of 2014, under Sections 147, 148, 149, 302 IPC, Police Station Sadar, District Agra.

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Learned counsel for the applicant submitted that applicant is juvenile and is facing trial before Juvenile Justice Board under Section 302 IPC and he has already been released from the custody after completing the period of three years. He further submitted that at present he is 23 years of age and facing agony of criminal trial under Section 302 IPC since 2017 and till today not a single prosecution witness has been examined and trial is pending for last five years. He further submitted that earlier in the year 2018, this Court vide order dated 12.09.2018 issued direction to the Juvenile Justice Board, Agra to decide the trial as per Section 309 Cr.P.C. and that order was produced by the applicant before the trial court on 29.09.2018, but in spite of that till today there is no further progress in the trial. He further submitted that in spite of issuance of N.B.W. prosecution witnesses are not turning, therefore, appropriate direction should again be given to the Juvenile Justice Board, Agra to decide the trial of the case as expeditiously as possible within a stipulated time.

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Per contra, learned AGA submitted that as earlier on 12.09.2018, this Court has already passed a direction in this regard, therefore, there is no need to give a fresh direction. He further submitted that as trial relates to Section 302 IPC, therefore, it would not be appropriate to give any such direction to the Juvenile Justice Board.

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I have heard both the parties and perused the record of the case. The order-sheet of the case dated 08.08.2019/17.08.2019 shows

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that order passed by the Session Court dated 26.04.2018 and order passed by Juvenile Justice Board, Agra dated 24.11.2018 has been stayed by this Court and only due to this reason, it appears that proceedings before Juvenile Justice Board, Agra could not be proceeded. Further, order-sheet dated 30.11.2021 shows that trial court (Juvenile Justice Board, Agra) directed both the parties to apprise the Court/Board in respect of status of the case pending before this Court as order passed by the Magistrate has been stayed by this Court, therefore, it would not be possible to give direction to the Juvenile Justice Board, Agra to decide the trial of the applicant expeditiously. However, it is provided that when there would be no legal impediment to proceed further with the matter, then Juvenile Justice Board shall conclude the trial as expeditiously as possible in pursuance to the order dated 12.09.2018 passed by this Court in Application u/s 482 Cr.P.C. No. 31395 of 2018.

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With these direction, the present application is disposed off.

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Order Date :- 23.5.2022 AK Pandey

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Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.05.28 12:32:55 IST Reason: Location: High Court of Judicature at Allahabad

Sri Kant Yadav v. State of U.P. and Another

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Sri Kant Yadav v. State of U.P. and Another

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