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Dharmraj v. State of U.P. and 3 Others

Allahabad HC14 Feb 2023A482/40325/2022

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the High Court directed the trial court to decide the discharge application within one month and conclude the trial within one year, emphasizing Article 21 right to speedy trial and holding that original injury report is not mandatory for framing charges.

What did the court decide?

Trial court directed to decide discharge application within one month and conclude trial within one year.

Dharmraj Vs State of U.P. and 3 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 40325 of 2022

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Applicant :- Dharmraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard Sri Ashok Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the record.

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This application has been filed by the applicant for a direction to the Additional Sessions Judge-I, Bhadohi, Gyanpur to conclude the trial of Sessions Trial No.07 of 2020 (State of UP Vs. Ranjeet Yadav and others) arising out of Case Crime No.950 of 2019, under Sections 308, 323, 504, 435, 427 IPC, Police Station Suriyavan, District Bhadohi within some stipulated period.

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From perusal of the order sheet it transpires that since the original injury report is not available, the further proceedings of the case is delayed.

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Learned counsel for the applicant contends that till now even charges have not been framed. When accused moved discharge application, the trial court summoned the medical report through investigating officer. It appears that original injury report has not been filed by the investigating officer, therefore, it is not with the file.

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This Court is of the view that for framing of charge original injury report is not necessary. If its photocopy or secondary copy admissible as secondary evidence may be obtained from the concerned hospital, the same may be obtained and the discharge

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application may be decided.

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This case is pending since 2020. There is implicit legal rights of citizens of India as enumerated under Article 21 of the Constitution for speedy trial which in turn encompasses speedy investigation, inquiry, appeal, revision and retrial.

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Considering the facts and circumstances of the case, the trial court is directed to decide the aforesaid case within a period of one year from the date of production of a certified copy of this order in accordance with law. However, it is further directed that the trial court shall decide the discharge application within a period of one month from today.

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In view of above, this application is finally disposed of.

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Order Date :- 14.2.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Dharmraj v. State of U.P. and 3 Others

Case brief

What is this about?

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Dharmraj v. State of U.P. and 3 Others

Case brief

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