Held an application under Section 482 Cr.P.C. seeking an order to expedite a pending criminal trial. The High Court found no specific reasons for expediting and directed the applicant to file a fresh application before the trial court.
No direction for expediting the trial was issued; applicant directed to file application in trial court.
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Court No. - 69 Case :- APPLICATION U/S 482 No. - 4614 of 2023 Applicant :- Abdul Mobin Khan Opposite Party :- State Of U.P. And 12 Others Counsel for Applicant :- Mir Sayed,Shailendra Nigam Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Shri Sakib Ahmad holding brief of Sri Mir Sayed, learned counsel for the applicant, Shri Sanjay Kumar Singh, learned counsel for the State and perused the material brought on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant– Abdul Mobin Khan with the prayer to direct the court concerned to expedite the proceeding of S.T. No.530 of 2008 (State Vs. Abdul Kalam @ Lallu and others), arising out of Case Crime No.290 of 2006, u/s 147, 148, 149, 302, 120-B IPC, P.S. Bilariyaganj, District Azamgarh pending in the court of District/Sessions Judge, Court No.6, Azamgarh within specific period as this Hon'ble Court may deem fit and proper.
Learned counsel for the applicant argued that the applicant is the brother of the deceased and son of the first informant who is said to have died in the year 2011. The case being S.T. No.530 of 2008 is pending since the year 2008. It is argued that the trial is lingering on, as such, appropriate direction be issued for disposal of trial in time bound manner.
Per contra, learned State counsel opposed the prayer made in the present matter by arguing that no such specific reasons have been made out for giving any direction for expediting the trial of the case and as such the application be dismissed.
After having heard learned counsel for the parties and perusing the records, it is evident that there is no specific reason for expediting the same. However, the applicant may file an application for expediting the trial before the court concerned within two weeks from today which may as per its load of work, diary and pendency of cases, pass appropriate orders on the same within two weeks.
It is made clear that this Court has not passed any direction for expediting the trial.
The present application under Section 482 Cr.P.C. stands disposed of.
(Samit Gopal, J.)
Order Date :- 23.2.2023/Gaurav
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue a direction for expediting the trial in a pending criminal appeal.
1 provisions across 1 enactments
Abdul Mobin Khan
State Of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
