Single judge direction under Section 482 Cr.P.C. directing the Chief Judicial Magistrate to decide the prosecution case under Section 420 I.P.C. expeditiously within one year without unnecessary adjournments after accused’s appearance.
Direction to the trial court to decide the matter expeditiously within one year.
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Court No. - 51
Case :- APPLICATION U/S 482 No. - 5170 of 2023
Applicant :- Girdhari Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
This application under Section 482 Cr.P.C. has been filed by applicant for a direction to the Chief Judicial Magistrate, Kushinagar at Padrauna to decide the Case NO.1711 of 2012, State Vs. Brijesh under Section 420 I.P.C, Police Station Padrauna, District Kushinagar expeditiously.
It is submitted by learned counsel for the applicant that earlier the accused were absconding however, now they have appeared before the court concerned and participated in the trial proceedings. The first information report is of the year 2012 and the charge has been framed.
It is further submitted that the trial court be directed to conclude the trial expeditiously.
Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicant.
Considering the facts and circumstances of the present case and the submissions of the learned counsel for the parties, this application is disposed of with a direction to the Chief Judicial Magistrate, Kushinagar at Padrauna to decide the aforesaid case as expeditiously as possible, preferably, within a period of one year without granting unnecessary adjournments to either of the parties.
Order Date :- 13.2.2023 Bhaskar
Digitally signed by :- BHASKAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether to direct the trial court to conclude the trial of case under Section 420 I.P.C. within a specified period.
Whether to grant a direction to decide the case expeditiously without unnecessary adjournments.
1 provisions across 1 enactments
Girdhari
State Of U.P.
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
