Granting direction for early disposal of session trial (State Vs. Harishankar & others) pending since 2004. Court directed court below to decide case within three months of receiving certified copy of this order without unnecessary adjournments.
Direction to court below to decide session trial within three months without unnecessary adjournments.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 9149 of 2022
Applicant :- Jay Prakash Yadav Opposite Party :- State Of U.P. 7 Others Counsel for Applicant :- Hari Om Ojha,Rishi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early disposal of S.T No.55/2007 (State Vs. Harishankar & others), arising out of Case Crime No. 01/2004, under Sections- 147, 148, 149, 323, 504, 506, 307, 308, 302 I.P.C., Police Station- Ramkola, District- Kushinagar.
It is submitted by learned counsel for the applicant that prosecution evidence has been completed in the year 2020 and accused persons are in one way or other avoiding the disposal of the case. Previously also he got the order dated 11.7.2018 passed in Application u/s 482 No.23067 of 2018 from this Court for disposal of the trial within one year from the date of production of certified copy of that order. But till now the aforesaid case has not been disposed of so again the prayer for early disposal of the Session Trial No. 55/2007 is made.
Considering the fact that the trial is about 15 years old, this application is finally disposed of with a direction to the court below to decide the aforemention session trial in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 7.6.2022 S.K.
Digitally signed by SWEETY KANOJIA Date: 2022.06.08 14:16:05 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether session trial should be disposed of expeditiously within three months.
1 provisions across 1 enactments
Jay Prakash Yadav
State Of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
