Disposed

Ashok Dixit v. State of U.P. and Another

Allahabad HC1 Mar 2023A482/37138/2022

Case brief

AI extract

What is this about?

An applicant in a pending criminal case filed an application under Section 482 Cr.P.C. requesting the high court to direct the subordinate court to expedite the trial. The court acknowledged the long pendency and directed the lower court to dispose of the case expeditiously within six months after compliance of this order.

What did the court decide?

Direction to the Magistrate to expedite and dispose of Criminal Case No. 818 of 2013 preferably within six months.

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

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Court No. - 72 Case :- APPLICATION U/S 482 No. - 37138 of 2022 Applicant :- Ashok Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma, J.

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Heard Sri Ashok Dixit, learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶4

The criminal case is pending since 2013. The accused is also wanted and involved in several other cases.

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The report of the concerned Court (C.J.M. Forzabad) dated 03.2.2023, reveals that delay is also a cause on the part of the applicant and the co-accused has not appeared in the concerned court, as he was languishing in another jail and when he appeared from the jail, the co-accused Hari Kant absented. A petition under Section 482 Cr.P.C has also been filed by the co-accused - Hari Kant, who is absconding at present.

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By way of the instant application, the applicant has prayed for a direction to the learned Magistrate, Firozabad to expedite and conclude the proceedings of Criminal Case No. 818 of 2013 (State Versus Ashok Dixit and others) , in Case Crime No. 109 of 2012, under Sections 467, 468, 471, 419, 420, I.P.C. Police Station Nagla Sighi, District Firozabad within stipulated period.

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I have considered the submissions advanced by learned counsel for the petitioner and perused the record.

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The matter is pending since 2013, but till now the concerned court could not frame the charge.

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Obviously, the court below is under obligation to expedite the proceeding adhering to the provision of Section 309 Cr.P.C.

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In this view of the matter, this petition is disposed of with the direction that the court below will expedite and dispose of the aforesaid case in accordance with law expeditiously preferably within a period of six months from the date of production of a certified copy of this order before it after affording opportunity of hearing to the parties concerned, if there is no legal impediment.

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After compliance of the order by the learned Magistrate, Firozabad, the report may be submitted before the Registrar (Judicial), which shall be kept on record.

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The connected file Application U/s 482 No. 15819 of 2014 may be fixed for disposal in accordance with Rule.

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Order Date :- 1.3.2023 Vinod.

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

Ashok Dixit v. State of U.P. and Another

Case brief

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Ashok Dixit v. State of U.P. and Another

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