The Court disposed of an application under Section 482 Cr.P.C. restricting its intervention on merits and directing the court below to conclude the pending session trial within one year without unnecessary adjournments.
Direction to the court below to decide the pending session trial expeditiously, preferably within one year.
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. - 73
Case :- APPLICATION U/S 482 No. - 6097 of 2023
Applicant :- Vinod Rajpoot And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants and learned A.G.A for the State as also perused the record.
Initially this application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 05.05.2016 and the further proceeding of Session Trial No. 192 of 2016 (State Vs. Vinod Rajpoot), arising out of Case Crime No. 493 of 2015, under Sections 323, 504, 506, 307 I.P.C., Police Station Dibiyapur, District Auraiya, pending in the Court of learned Additional District Judge- Ist, Auraiya.
After matter was argued at some length, learned counsel for the applicants has confined his relief to only conclusion of the aforesaid session trial.
Considering the fact that the session trial has remained pending since 2016. Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 11.4.2023 SK Srivastava
Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the pending session trial under Sections 323, 504, 506, 307 IPC should be concluded expeditiously to avoid undue delay.
Whether any relief should be granted regarding the quashing of the charge sheet.
Vinod Rajpoot
State of U.P.
Shiv Shanker Prasad
Sailesh Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
