Disposed

Manoj Kumar Malik v. State of U.P. and Another

Allahabad HC25 Apr 2023A482/6351/2023

Case brief

AI extract

What is this about?

In this underSection 482 Cr.P.C. proceeding, this High Court ordered the trial court to decide the pending criminal case expeditiously within one year from the date of this order, emphasizing the right to a speedy trial without unnecessary adjournments.

What did the court decide?

Direction to the concerned judge to decide the trial within one year from the date of the order.

Manoj Kumar Malik Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2023)

¶1

Court No. - 68

¶2

Case :- APPLICATION U/S 482 No. - 6351 of 2023

¶3

Applicant :- Manoj Kumar Malik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aijaz Ahmad Khan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

1. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

¶6

2. This application under Section 482 Cr.P.C. has been filed seeking direction to District and Sessions Judge, Meerut for early decision of Criminal Case No. 09/9 of 2014, 'State v. Manoj Kumar', arising out of Case Crime No. 1008 of 2013, under Section 8/22 N.D.P.S. Act, Police Station Partapur, District Meerut.

¶7

3. Learned counsel for the applicant submits that present case has been filed for expeditious disposal of the trial, which is pending since 2014. He contends that that the accused has a right to speedy trial. In support of said contention, he has placed reliance on the judgements of Supreme Court in the cases of Abdul Rehman Antulay etc. v. R. S. Nayak , AIR 1992 SC 1701 ; Raj Deo Sharma v. State of Bihar , JT 1998 (7) SC 1 ; Ranjan Dwivedi v. C.B.I. through the Director Genral, (2012) 8 SCC 495 ; and a Coordinate Bench of this Court in the case of Meraj Ali and another v. State of U.P. and another, 2022 (6) ALJ 137 : AIROnline 2022 ALL39 .

¶8

4. Having gone through the relief as sought for, without expressing any opinion on the merits of the case, the present application is finally disposed of with a direction to the concerned court to decide aforesaid case in accordance with

¶9

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 production of a certified copy of this order, if there is no legal impediment.

¶10

5. No order as to costs.

¶11

Order Date :- 25.4.2023 DS

¶12

Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad

Manoj Kumar Malik v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manoj Kumar Malik v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jameel Ahmad Vs State of U.P. and Another

Algoo Yadav and 2 Others Vs State of U.P. and Another

Abbu and 3 Others Vs State of U.P. and Another

Mohd Aslam and 2 Others Vs State of U.P. and Another

Smt. Nirupama Shukla and Another Vs State of U.P. and Another

Gulzar Ahmad Khan @ Gulzar Khan Vs State of U.P. and 7 Others