Dismissed

Ram Kumar Mishra v. State of U.P. and 2 Others

Allahabad HC15 Mar 2023A482/8441/2023

Case brief

AI extract

What is this about?

In this habeas corpus application under Section 482 Cr.P.C., the applicant sought direction for expediting a pending criminal trial due to delay caused by the accused. The Court dismissed the plea, noting no specific reasons existed for such directions, but permitted the applicant to file a fresh application before the trial court within two weeks.

What did the court decide?

The application for expediting trial is dismissed; applicant directed to approach the trial court.

Ram Kumar Mishra Vs State of U.P. and 2… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 8441 of 2023

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Applicant :- Ram Kumar Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dipak Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Dipak Kumar Tiwari, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Ram Kumar Mishra with the prayer to allow this application and direct the court of Additional District and Session Judge-I, Jalaun at Orai to decide the S.T. No. 275 of 2004 (State Vs. Omprakash and another), arising out of Case Crime No. 262 of 2004, under Section 452, 307, 504, 302 IPC, P.S. Kotwali Konch, District Jalaun, pending in the court of Additional District and Session Judge-I, Jalaun at Orai, within stipulated period.

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Learned counsel for the applicant argued that the applicant is the informant. It is further argued that the trial is lingering on just because of non co-operation of the accused person and, as such, appropriate direction be issued for disposal of trial in time bound manner.

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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.

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After having heard learned counsel for the parties and perusing the record, it is evident that there is no specific reason for expediting the same. However, the applicant is informant 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.

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It is made clear that this Court has not passed any direction for expediting the trial.

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The present application is disposed of.

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Order Date :- 15.3.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Ram Kumar Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ram Kumar Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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