The High Court disposed of an application under section 482 Cr.P.C. seeking directions for the expeditious conclusion of the pending trial. The survivor.
Prayer for expediting trial was acknowledged; application disposed of without substantive relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 65
Case :- APPLICATION U/S 482 No. - 37706 of 2022
Applicant :- Amit Tiwari @ Amit Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Dhuriya Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants and learned A.G.A.
The applicants have invoked the jurisdiction of this Court under section 482 Cr.P.C. with a prayer to direct the court below to decide the S.S.T. No. 342/9 of 2016, State vs. Navin and others, arising out of case crime no. 1182 of 2016, under section 377, 504 I.P.C. and section 3/4 POCSO Act P.S. Kotwali, District Muzaffar Nagar within the stipulated period..
Learned counsel for the applicants has submitted that the applicants are accused in the instant case and the charges have already been framed on 20.9.2022, however, the trial has not yet been concluded and has been lingering-on, on one pretext or the other.
In view of above, the trial court is expected to make all endeavour to conclude the trial of the aforesaid case expeditiously, preferably within a period of one year after giving opportunity of hearing to both the sides and without giving unnecessary adjournments to either side and there is no other legal impediment in concluding the trial.
With these observations, the present application stands disposed of.
Order Date :- 13.1.2023 R
Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court shall entertain an application under section 482 Cr.P.C. to direct the trial court to conclude the pending trial expeditiously.
1 provisions across 1 enactments
Amit Tiwari @ Amit Kumar And Another
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
