Disposed

Udaybhan Singh v. State of U.P. 3 Others

Allahabad HC28 Mar 2022A482/29513/2021

Case brief

AI extract

What is this about?

The applicant sought a direction for speedy disposal of a pending Session trial involving multiple charges. The Court, acknowledging delays caused partly by the Covid-19 pandemic, observed that the trial court must decide the matter expeditiously without unnecessary adjournments and disposed of the application.

What did the court decide?

Disposed of the application; directed the court below to decide the trial expeditiously.

Udaybhan Singh Vs State of U.P. 3 Others — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 29513 of 2021

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Applicant :- Udaybhan Singh Opposite Party :- State Of U.P. 3 Others Counsel for Applicant :- Pradeep Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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The present petition under Section 482 Cr.P.C. has been filed with the prayer that this Hon'ble court may graciously be pleased to allow this application and direct to the learned Special Sessions Judge, Azamgarh, to decide the Sessions Trial No.207 of 2019, pending before the Sessions Judge, Azamgarh, arising out of Case Crime No.229 of 2018, under Sections 147, 148, 323/149, 324/149, 304/149, 308/149, 452, 379, 504, 506 I.P.C., P.S. Raunapar, District - Azamgah, expeditiously, within the certain stipulated time as fixed by this Court.

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Learned counsel for the applicant has submitted that the matter is pending before the Court below since the date of cognizance taken by the court below on 14.03.2009. It is further submitted that the charge was framed under Section 211 Cr.P.C. against the accused i.e. Opposite Party No.2 to 4 on 4.7.2019 and since then the matter is pending and has not been decided finally and hence, learned counsel for the applicant has made a prayer to direct the court below to decide the matter expeditiously in the light of the Judgement of Hon'ble the Supreme Court in the Case of Kartar Singh v. State of Punjab (1994) 3 SCC 569 and in the Case of Mangal Singh vs. Kishan Singh (2009) 17 SCC 303, apart from other judgements. Learned counsel for the applicant has also relied upon Section 309 Cr.P.C., wherein it has been provided that the court may take attempt to expedite the proceeding on day to day basis.

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On the other hand, learned A.G.A. has submitted that due to Covid-19 pandemic since 2019 till 2021 the court proceedings were also interrupted and hearing in the cases were virtual and not physical and the said period was the period of hardship.

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After hearing the learned counsel for the parties and going through the record and as per the law laid down by the Hon'ble Supreme Court as relied upon by the learned counsel for the applicant that the speedy trial is the right of a litigant, as provided in Article 21 of the Constitution of India and as per Section 309 Cr.P.C., but due to Covid - 19 Pandemic, the court proceedings were also interrupted and hearing in the cases

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were virtual and not physical and the said period was the period of hardship.

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From the facts and reasons, perusal of record and as per law laid down by the Hon'ble Supreme Court, as discussed above, it is expected that the court below shall decide the trial expeditiously by not granting any unnecessary adjournment to the parties and if there is some compelling circumstances, the adjournment may be given and any short date may be fixed.

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The observation made hereinabove, the petition under section 482 Cr.P.C. is disposed of.

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Order Date :- 28.3.2022 S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.03.29 13:29:39 IST Reason: Location: High Court of Judicature at Allahabad

Udaybhan Singh v. State of U.P. 3 Others

Case brief

What is this about?

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Udaybhan Singh v. State of U.P. 3 Others

Case brief

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