Disposed¶11

Smt. Rani v. State of U.P. and 7 Others

Allahabad HC1 Sept 2022A482/20141/2022

Case brief

AI extract

What is this about?

Expedition of trial; Section 482 application by informant/complainant; direction under Section 309 Cr.P.C.; trial to conclude preferably within one and a half years; day-to-day proceedings without unnecessary adjournments; S.T. No. 54 of 2015; Case Crime No. 1356 of 2014; Sections 147, 148, 149, 342, 304 IPC; Police Station Nadigaon, District Jalaun; Special Judge (D.A.A. Act), Orai; 22 witnesses, only two examined; hardship to complainant in pairvi; coaccused not cooperating with trial.

What did the court decide?

Direction to the trial court to conclude the trial of S.T. No. 54 of 2015 as expeditiously as possible, preferably within one and a half years, without granting unnecessary adjournments to either party, on a day-to-day basis, strictly under Section 309 Cr.P.C., in accordance with law, if there is no legal impediment. ¶11

Smt. Rani Vs State of U.P. and 7 Others — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 20141 of 2022

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Applicant :- Smt. Rani Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.,Rajiv Kumar Tripathi

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Hon'ble Sameer Jain,J.

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Heard Sri Vijay Singh Sengar, learned counsel for the applicant, Sri Rajiv Kumar Tripathi, learned counsel for the opposite party no.3 and Dr. S.B. Maurya, learned AGA- for the State.

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By way of present application, applicant made a prayer to direct the court below to expedite the proceedings of S.T. No. 54 of 2015 arising out of Case Crime No. 1356 of 2014, under Sections 147, 148, 149, 342, 304 IPC, Police Station Nadigaon, District Jalaun pending before Special Judge (D.A.A. Act) Jalaun at Orai.

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Learned counsel for the applicant submitted that applicant is the informant of the case and she lodged the FIR of the present case in the year 2014, in which, after investigation charge-sheet has been submitted but trial of the case is pending and even till date only two prosecution witnesses could be examined although present matter relates to Section 302 IPC and trial is moving with snail's speed and applicant being complainant of the case is facing great hardship in doing the pairvi of the case and coaccused persons are not co-operating with the trial of the case, therefore, it is desirable to direct the trial court to expedite the proceedings of the case and conclude the same within a stipulated period of time.

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Per contra, learned AGA submitted that present case is of Section 302 IPC, in which, as many as 22 witnesses are there and out of which only two witnesses till date examined, therefore, it would not be proper to give direction to the court below to conclude the proceedings of the case within a stipulated period of time, however, he submitted that a direction may be given to the court below to conclude the trial of the case expeditiously in accordance with law.

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In view thereof, it is directed that trial court shall conclude the trial of the aforesaid case as expeditiously as possible preferably within one and half year without granting any unnecessary adjournment to either of the parties on day to-day basis strictly under the provisions of Section 309 Cr.P.C. in

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accordance with law, if there is no legal impediment.

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With these observation, the present application stands disposed of.

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Order Date :- 1.9.2022 AK Pandey

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Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.09.03 13:10:00 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Rani v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

Smt. Rani v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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