Disposed

Deepak Gautam v. State of U.P. and Another

Allahabad HC20 May 2022A482/6659/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. citing delay in a criminal trial pending since 2017, the High Court directed the lower court to dispose of the case expeditiously without unnecessary adjournments, relying on Supreme Court precedents establishing speedy trial as a fundamental right.

What did the court decide?

Directed the learned Metropolitan Magistrate-8, Kanpur Nagar to decide the pending criminal case expeditiously without granting unnecessary adjournments.

Deepak Gautam Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 92 Case :- APPLICATION U/S 482 No. - 6659 of 2022 Applicant :- Deepak Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Shukla,Seema Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicant/petitioner and learned Government Advocate for the State.

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The present petition has been filed with a prayer to direct the learned Metropolitan Magistrate-8, Kanpur Nagar to decide the trial of Criminal Case No.55954 of 2017, arising out of Case Crime No.82 of 2017, under Sections 379, 411, 420, 414 I.P.C. and Section 67(D) I.T. Act, Police Station - Narwal, District - Kanpur Nagar, pending in the Court of learned Metropolitan Magistrate-8, Kanpur Nagar within the stipulated period.

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Learned counsel for the petitioner/ applicant has submitted that the applicant has filed a Criminal Case No.55954 of 2017 in the year 2017 and since then the matter is being adjourned for one reason or the other and is still pending, copy of the order-sheets have been enclosed at page 45 to the present application.

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At this stage, learned counsel for the petitioner has confined his prayer to the extent that the court below may be directed to decide the matter within the stipulated time frame, as this Court may deem fit and proper.

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Learned AGA has no objection to the aforesaid submission of learned counsel for the applicant/petitioner.

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After hearing the learned counsel for the parties and going through the record and the law laid down by 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 , wherein it has been held that the right of speedy trial is facet of Article 21 of the Constitution of India. The concept of speedy trial is to be read in Article 21 of Constitution of India as essential part of fundamental right. It is an undisputed fact in the present case that the case is pending since 2017 and more than 4 years have been passed. Such delay in deciding the matter is nothing but to deprive the applicant to get speedy justice.

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In view of discussion made hereinabove and in the light of the judgement of the Hon'ble Supreme Court in the case of Kartar

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Singh (Supra ) and Mangal Singh (Supra) , learned court below is expected to decide Criminal Case No.55954 of 2017, arising out of Case Crime No.82 of 2017, under Sections 379, 411, 420, 414 I.P.C. and Section 67(D) I.T. Act, Police Station - Narwal, District - Kanpur Nagar, pending in the Court of learned Metropolitan Magistrate-8, Kanpur Nagar, expeditiously in accordance with law, if there is no other legal impediment, from the date of certified copy of this order is served and without granting any unnecessary adjournment to any of the parties and if any adjournment is sought by either of the parties, some short date may be given.

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In view of above, the present petition under Section 482 Cr.P.C. is disposed of finally.

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Order Date :- 20.5.2022 S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.05.24 11:54:29 IST Reason: Location: High Court of Judicature at Allahabad

Deepak Gautam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Deepak Gautam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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