In an application for expediting a 15-year pending trial, this court directed the lower court to conclude the case regarding cheating and forgery expeditiously, preferably within one year, without granting unnecessary adjournments.
Direction to the court below to dispose of Case No. 5394 of 2007 expeditiously within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 87
Case :- APPLICATION U/S 482 No. - 19877 of 2022
Applicant :- Arun Kumar Pandey Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Awadhesh Rai Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant, learned A. G. A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to conclude the trial of Case No. 5394 of 2007, (State Vs. D.K. Singh and others), arising out of Case Crime No. 05 of 2007, under Sections 419, 420, 467, 468, 471, 193, 120B, I.P.C., P.S.- CBCID Cant, District- Allahabad, pending in the court of Special Chief Judicial Magistrate, Allahabad, within stipulated period.
It has been contended by learned counsel for applicant that the case is pending about 15 years. The charge has been framed on 20.09.2010 and evidence of this case in not concluded. The progress of the case is very slow.
After hearing the learned counsel for the parties and after perusing the material on record, no useful purpose would be served in keeping the petition pending which is finally disposed off with a direction to court below to consider and decide the Case No. 5394 of 2007, (State Vs. D.K. Singh and others), arising out of Case Crime No. 05 of 2007, under Sections 419, 420, 467, 468, 471, 193, 120B, I.P.C., P.S.- CBCID Cant, District- Allahabad, strictly in accordance with law after hearing the parties and without granting any unnecessary adjournment to either the parties, expeditiously preferably within one year from the date of production of a certified copy of this order before him.
With the aforesaid direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 4.8.2022 v.k.updh.
Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.08.06 16:44:56 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court should expedite the pending trial concluded within one year.
1 provisions across 1 enactments
Arun Kumar Pandey
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
