Held the applicant sought expedite a pending trial under Section 482 Cr.P.C., found the trial slow, and directed the trial court to conclude within one year without unreasonable adjournments.
Directed the trial court to conclude the trial within one year from the date of certification of this order without unnecessary adjournments.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 2247 of 2023
Applicant :- Ganesh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mehul Khare,Pragya Pandey,Saurabh Kesarwani Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Mehul Khare, learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
The present application under Section 482 Cr.P.C. is filed with the prayer to direct the Metropolitan Magistrate, Court No.3, Kanpur Nagar to decide the proceeding of Case Crime No.106 of 2019 (State VS. Viresh Shukla) under Section 406 IPC, Police Station-Badshahi Naka, District-Kanpur Nagar.
It is contended by learned counsel for the applicant that the applicant is informant of the case, which is pending since 2019 and the trial is progressing with snail's speed, therefore, a direction to decide the trial within a time prescribed may be given to the court concerned.
Keeping in view that the matter relates to the year 2019 and the trial is progressing with snail's speed, it is expected from the trial court to gear up the trial and conclude the same as early as possible, preferably within a period of one year from the date of production of certified copy of this order, without granting unnecessary, unreasonable and long adjournment to either of the parties strictly in accordance with law, if there is no legal impediment.
With the aforesaid directions, this 482 Cr.P.C. application is finally disposed of.
Order Date :- 17.2.2023 M. Kumar
Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court should be directed to expedite the pending trial within a specific timeframe.
1 provisions across 1 enactments
Ganesh Mishra
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
