Disposed

Sufian v. State of U.P. and Another

Allahabad HC17 Aug 2023A482/15899/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC regarding delay in criminal trial, the High Court directed the trial court to ensure witness attendance and ordered the case to be decided expeditiously within eight months.

What did the court decide?

Direction to trial court to decide the pending criminal case expeditiously within eight months of receiving this order.

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

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Neutral Citation No. - 2023:AHC:165044

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 15899 of 2023

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Applicant :- Sufian Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Khan,Mohd. Mateen Khan Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The present applicant has invoked the inherent power of this Court under Section 482 CrPC seeking expeditious disposal of Complaint Case No. 1916 of 2017 (State Vs. Sufian and others), under Sections 427 & 323 IPC, P.S. Kiratpur, District Bijnor pending in the court of Additional Civil Judge (J.D.)/ Judicial Magistrate, Najibabad, Bijnor.

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3.While entertaining the instant application, this Court has passed following order dated 2.5.2023:-

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"The Judicial Magistrate, Najibabad, Bijnor shall submit a report to this Court, within a week, why trial of Criminal Case No. 1916 of 2017, State vs. Sufian and others, under Sections 323, 427 IPC, P.S. Kiratpur, District Bijnor is lingering on.

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Lay as fresh again on 11.05.2023 along with the aforesaid report.

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Let this order be communicated to the Judicial Magistrate, Najibabad, Bijnor through the learned Sessions Judge, Bijnor by the Registrar (Compliance) within 24 hours."

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In pursuance of the order dated 2.5.2023, Additional Civil Judge (J.D.)/ Judicial Magistrate, Najibabad, Bijnor has submitted a report dated 8.5.2023 informing the Court that statement of P.W.-7 has already been recorded, however, the first informant has been called for being a witness. It is further observed that previous Presiding Officer has issued nonbailable warrant against the first informant to secure his presence. This Court considering the report submitted by the court below has passed the following order dated 1.6.2023:-

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" Heard learned counsel for the applicant and the learned AGA for the State.

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In pursuance of the order dated 02.05.2023, report has been sent by the court below, wherein it has been mentioned that opposite party no.2 is delaying the proceedings of the case and not appearing to give evidence before the court.

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The court below is directed to initiate all coercive measures available under the law against opposite party no.2 forthwith and send its report regarding status of trial.

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List this case again on 8th August, 2023 as fresh case. "

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Learned counsel for applicants (accused) submits that till date no fruitful step has been taken to ensure the presence of the first informant.

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This Court, vide order dated 1.6.2023, has already issued a direction to the court concerned for adopting all coercive measures against the first informant (opposite party No. 2) forthwith to secure his presence to give evidence. As such, the learned trial court is hereby directed to make a request to the Senior Superintendent of Police/Superintendent of Police, Bijnor to ensure the presence of the first informant (opposite party No. 2) in court as a witness.

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Learned counsel for the applicant states that applicant is ready and willing to co-operate to the trial court concerned, however, the matter is being protracted because of noncooperation of the first informant (opposite party No. 2).

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Learned AGA has no objection in case a direction is issued for expeditious disposal of the aforesaid criminal case by this Court within some stipulated period.

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In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction to trial court concerned before whom the aforementioned case is pending disposal, to decide the same expeditiously, preferably, within a period of eight months , in accordance with law, from the date of receipt of a certified copy of this order.

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With the aforesaid direction, present application is disposed of.

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Order Date :- 17.8.2023 vinay

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

Sufian v. State of U.P. and Another

Case brief

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Sufian v. State of U.P. and Another

Case brief

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