Dismissed

Smt. Mahvish Fatima v. State of U.P. and 5 Others

Allahabad HC30 May 2023A482/20260/2023

Case brief

AI extract

What is this about?

This application under Section 482 CrPC seeking directions for expedited trial of a criminal case was dismissed. The Court found no specific grounds for expediting the trial. The applicant was directed to file a fresh application before the trial court within two weeks.

What did the court decide?

Applicant directed to file an expediting application before the trial court within two weeks.

Smt. Mahvish Fatima Vs State of U.P. and 5… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:121191

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 20260 of 2023

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Applicant :- Smt. Mahvish Fatima Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri Rajeev Dhar Dwivedi, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Smt. Mahvish Fatima with the prayer to allow this application and expedite the trial of Complaint Case No. 5866 of 2017 (Smt. Mahvish Fatima Vs. Mohd. Wasim and others), under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, P.S. Rail Bazar, District Kanpur Nagar, pending in the court of Metropolitan Magistrate-VI, Kanpur Nagar within stipulated period as directed by this Hon'ble Court.

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Learned counsel for the applicant argued that the applicant is the complainant and wife of opposite party no.2. It is further argued that the trial is lingering on just because of non co-operation of the accused person and, as such, appropriate direction be issued for disposal of trial in time bound manner.

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Per contra, learned State counsel opposed the prayer made in the present matter by arguing that no such specific reasons have been made out for giving any direction for expediting the trial of the case and as such the application be dismissed.

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After having heard learned counsel for the parties and perusing the record, it is evident that there is no specific reason for expediting the same. However, the applicant is the complainant and wife of opposite party no.2 who may file an application for expediting the trial before the court concerned within two weeks from today which may as per its load of work, diary and pendency of cases, pass appropriate orders on the same within two weeks,

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subject to any legal impediment.

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It is made clear that this Court has not passed any direction for expediting the trial.

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The present application is disposed of.

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Order Date :- 30.5.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Smt. Mahvish Fatima v. State of U.P. and 5 Others

Case brief

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Smt. Mahvish Fatima v. State of U.P. and 5 Others

Case brief

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