Dismissed

Amit Misra v. State of U.P. and Another

Allahabad HC7 Feb 2023A482/3553/2023

Case brief

AI extract

What is this about?

This single-judge criminal court disposed of an application under Section 482 Cr.P.C. filed by an accused seeking directions to expedite his pending trial. The court held there were no specific grounds for such directions but directed the applicant to pursue the matter before the trial court.

What did the court decide?

The application was dismissed; the applicant was directed to file an application for expediting the trial before the trial court within two weeks.

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

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 3553 of 2023 Applicant :- Amit Misra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Shri Atul Kumar Tiwari, learned counsel for the applicant, Shri S.K. Pandey, learned counsel for the State and perused the material brought on record.

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The present application under Section 482 Cr.P.C. has been filed by the applicant– Amit Misra with the prayers to direct the court's below for expedite the trial arising out of Special S.T. No.116 of 2018 (State Vs. Amit Misra) passed by Addl. Sessions Judge/Special Judge, SC/ST Act, Mainpuri in case crime no.1040A/1999 u/s 147, 304, 120-B, 34 IPC, P.S. Kotwali, District Mainpuri.

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Learned counsel for the applicant argued that the applicant is the accused in the present case. The case against him is pending since the year 2018. It is argued that the trial is lingering on just because of non cooperation of the accused persons 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 records, it is evident that there is no specific reason for expediting the same. However, the applicant 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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It is made clear that this Court has not passed any direction for expediting the trial.

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The present application under Section 482 Cr.P.C. stands disposed of.

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(Samit Gopal, J.)

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Order Date :- 7.2.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Amit Misra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Amit Misra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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