The High Court disposed of an application under Section 482 Cr.P.C. directing the Additional Chief Judicial Magistrate, Allahabad, to decide the pending criminal case within one year without unnecessary adjournments.
Direction to the trial court to decide the case within one year without unnecessary adjournments.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 43314 of 2022
Applicant :- Shri Ram Abhilash Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
By means of this application under Section 482 Cr.P.C. the applicant is seeking a direction to the court below to decide the Criminal Case No.2396 of 2016 (State v. Shiv Pujan Patel & Ors.) arising out of Case Crime No.0057 of 2016 under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station-Soraon, District-Allahabad pending in the court of Additional Chief Judicial Magistrate-17, Allahabad, in a time bound manner.
It is submitted by the learned counsel for the applicant that the trial is pending before the trial court since the last six years.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the applicant's case, this application under Section 482 Cr.P.C. is finally disposed of with a direction to the court of Additional Chief Judicial Magistrate17, Allahabad to decide the aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties, as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order, if there is no legal impediment.
Order Date :- 17.1.2023 Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether a direction is necessary under Section 482 Cr.P.C. to ensure expedious disposal of a criminal trial pending for six years.
1 provisions across 1 enactments
Shri Ram Abhilash
State Of U.P.
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
