The High Court held that an application under Section 482 CrPC seeking to expedite criminal trial proceedings is an abuse of process when the complainant, despite being summoned, fails to appear for testimony while the trial is pending.
Application under Section 482 CrPC dismissing on grounds of abuse of process.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 11475 of 2023
Applicant :- Raj Narayan Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shobhanath Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned Counsel for the applicant and learned A.G.A. for the State.
This application has been filed seeking to quash the proceedings of Criminal Case No. 1243 of 2017 (arising out of Case Crime No. 189 of 2012), State v. Kamlesh and others, under Sections 323, 504 and 506 I.P.C., Police Station - Karanda, District - Ghazipur, pending before the Court of the Civil Judge (Junior Division), Fast Track Court-2/Judicial Magistrate, Ghazipur.
This Court vide order dated 05.04.2023 called for a report from the Judicial Magistrate, Fast Track Court-2, Ghazipur, indicating why proceedings of the case were lingering on. In compliance with our order dated 05.04.2023, the Judicial Magistrate, Fast Track Court2, Ghazipur who is in seisin of the case, has submitted a report dated 11.04.2023, the material part whereof reads:
" ममनननयककअवगतकरमनमहहककयहपतमवलनइसनयमयमलयकक पपवरपपचम नयमकयकमजजसट ट नयमयमलयममकवचमरमधननथन।उसनयमयमलयकक ररकहकजमनक कमरण उक पतमवलन सथमनमनतरण कक पशमत कदनमपक 12.07.2022 कक इस नयमयमलयककपमपहहईहह।पतमवलनअकभयकजनसमकयकक सतरपरलमममतहह। कदनमपक 15.12. 2021 ककपन0 डबलप0-1 ककदमरकमसमकयअपककतककयमजम चचकमहह।ततपशमतमततरसमकनवमदनमचकदममरमजनरमयनयमदवककसमकयहकतच लगमतमर तलम ककयम जम रहम हह, ल क कन उसकक नयमयमलय मम समकय हकतच उपमसथतनहकनककक कमरणअकभयकजनसमकयनहहहकपमरहमहह।अकभयचकगण पतमवलनपरलगमतमरसवयपतथमअजधवकमकक ममधयमसकउपमसथतहकरहकहह।
इससमयपतमवलनअकभयकजनसमकयवमदनमचकदममरमजनरमयनयमदवहकतचलमममत हह।पतमवलनममअकगमकतजथ 10.05.2023 कनयतहह।"
A perusal of the report shows that the trial is held up because the applicant who is the complainant, is not appearing, despite the applicant being summoned by the Court to appear and testify.
Upon hearing learned Counsel for the applicant and learned A.G.A., this Court is of opinion, that the present applicantion asking this Court to expedite proceedings before the Magistrate, is in a patent abuse of process of Court. On one hand the applicant seeks to expedite the proceedings and on the other, he is not appearing before the Magistrate to testify, though the trial is set down for hearing, where the applicant's testimony is long over due.
This application is, accordingly, dismissed .
Let a copy of this order be communicated to the Judicial Magistrate, Fast Track Court-2, Ghazipur through the learned Sessions Judge, Ghazipur by the Registrar (Compliance) by tomorrow .
Order Date :- 12.4.2023 Prashant D.
Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application seeking to expedite criminal proceedings is maintainable when the complainant refuses to appear and testify as summoned by the Court?
Colour shows how this judgement treated each authority
nullReferred
1 provisions across 1 enactments
Raj Narayan Yadav
State Of U.P.
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
