This brief order proposes a direction to the trial court to conclude an 18-year-old trial expeditiously but ultimately does not issue any operative direction. The application was disposed of with mere observations, rendering it a non-binding transcript with no substantive legal ratio decidendi.
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. - 39997 of 2022
Applicant :- Vinod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh,Abhyudaya Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A.
The applicant has invoked the jurisdiction of this Court under section 482 Cr.P.C. with a prayer to direct the court below to decide the case no. 730/IX of 2002 ( now registered as case no. 3074/IX of 2006) State, Vs. Vinod Kumar, arising out of case crime no. 128 of 2001, under section 419, 420, 409 I.P.C. P.S. Sadar Bazar, District Mathura within the stipulated period..
Learned counsel for the applicant has submitted that the applicant is an accused in the instant case and the charges have already been framed on 16.7.2007, however despite lapse of more than 15 years, 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 six months 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
Vinod Kumar
State of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
