Disposed

Ravi Jain v. State of U.P.

Allahabad HC1 Jun 2023A482/14276/2023

Case brief

AI extract

What is this about?

This High Court under Section 482 CPC directed the District Judge, Ghaziabad, to transfer a criminal trial involving the applicant to a different court to ensure expedited disposal pending on account of the presiding judge being on leave and prosecution delay.

What did the court decide?

The case was directed to be transferred to another court immediately for expeditious trial without unnecessary adjournments.

Ravi Jain Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123077

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 14276 of 2023

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Applicant :- Ravi Jain Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Prashant Kumar,J.

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Heard Sri Ashish Pandey, learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the record.

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By means of the instant application, the applicant is seeking a direction to the Trial Court to expedite the Criminal Case No. 1476/2014 (State Vs. Ravi Kumar and others) arising out of Case Crime No. 1183/2013 under Sections 452, 323, 504, 506 IPC, Police Station Sihani Gate, District Ghaziabad pending in the Court of Civil Judge (Senior Division), Court No. 1, Ghaziabad within time frame fixed by this Court.

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In this matter, this Court on 21.04.2023 passed the following order:-

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"The Judicial Magistrate, Court No. 1, Ghaziabad, shall submit a report to this Court, within a week, why proceedings of Criminal Case No.1476/2014, State vs. Ravi Kumar and others (arising out of Case Crime No.1183 of 2013), under Sections 452, 323, 504, 506 IPC, Police Station Sihani Gate, District Ghaziabad, are lingering on.

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Lay as fresh again on 02.05.2023.

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Let this order be communicated to the Judicial Magistrate, Court No. 1, Ghaziabad through the learned Sessions Judge, Ghaziabad by the Registrar (Compliance) by Monday. "

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4. Thereafter, on 17.05.2023, this Court passed the following order:-

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"Perused the report dated 27.04.2023, which shows that the trial of the case is stalled because the prosecution is not producing its witnesses. The prayer for expediting proceedings in this case is on behalf of the accused. The right to speedy trial is a part of the fundamental right of every accused, which cannot be trifled with. The report dated 27.04.2023 shows that the Court where the case is pending is now vacant. In the circumstances, let the learned Sessions Judge, Ghaziabad consider transferring the case to a Court, where the matter may be taken up on a

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priority basis.

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Lay as fresh again on 25.05.2023 along with the report of the learned Sessions Judge, Ghaziabad.

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Let a copy of this order be communicated to the learned Sessions Judge, Ghaziabad by the Registrar (Compliance) within next 48 hours. "

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On 23.05.2023, a report had been sent by the Court below that the matter has not been taken as the concerned Judge is on leave.

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In the previous order dated 17.05.2023, this Court directed the Sessions Judge, Ghaziabad to transfer the case to some other Court on priority basis but surprisingly, no action has been taken and instead of transferring the case, again a report is being sent that the concerned Judge is on leave.

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I fail to understand how the District Judge, Ghaziabad has taken the order dated 17.05.2023 passed by this Court so lightly and send a letter without transferring the case to some other court.

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I direct the District Judge, Ghaziabad to transfer the case in question to some other Court immediately, and the trial may be concluded expeditiously.

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Accordingly, the instant application filed under Section 482 Cr.P.C. is disposed of with a direction to the Trial Court to decide the trial expeditiously without granting unnecessary adjournments to either of the parties.

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(Prashant Kumar, J.)

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Order Date :- 1.6.2023 Jaswant

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Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad

Ravi Jain v. State of U.P.

Case brief

What is this about?

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Ravi Jain v. State of U.P.

Case brief

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