Disposed

Aasma v. State of U.P. and 5 Others

Allahabad HC2 Feb 2023A483/488/2022

Case brief

AI extract

What is this about?

Under Section 483 Cr.P.C., the court directed the trial court to ensure expeditious disposal of a pending criminal case, compel accused appearance, fix short dates, and deny adjournments except on heavy costs.

What did the court decide?

Directed the trial court to procure accused's appearance, ensure expeditious disposal by fixing short dates, and deny adjournments except on heavy costs.

Aasma Vs State of U.P. and 5 Others — Writ and Judicial Review | Allahabad HC (2023)

¶1

Court No. - 93

¶2

Case :- APPLICATION U/S 483 No. - 488 of 2022

¶3

Applicant :- Aasma Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Surendra Singh-I,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶6

The applicant has filed this application under Section 483 Cr.P.C. for directing the trial court to decide the Criminal Case No. 1283 of 2020, (State Vs. Rizwan and others), arising out of Case Crime No. 367 of 2019, under Sections 498A, 323, IPC & 3/4 of D.P. Act, Police Station Kandhala, District Shamli pending before the court of Judicial Magistrate Shamli expeditiously.

¶7

From the perusal of the order-sheet, it transpires that the chargesheet has been filed on 16.05.2020 and on the same day, summon has been issued against the accused for appearance. On all different dates, the accused have surrendered in the court and obtained bail. After the bail, the case was fixed for 08.07.2022 for framing of charge. On all subsequent dates, the accused presented adjournment applications, therefore no charge could be framed. On 14.11.2022, the Court had issued summon against the accused. Since the accused had earlier appeared in the court and obtained bail, later misused bail by remaining absent and since then the case is pending for framing of charge, therefore the court should have adopted coercive measures against the accused.

¶8

It appears that more than two and half years have passed after filing of the case and the progress of the case is quite slow and the accused is delaying the conclusion of trial.

¶9

Considering the facts and circumstances of the case, this application is disposed of with a direction to the trial court to procure the appearance of accused and ensure expeditious disposal of the aforesaid case fixing short dates and without giving any adjournment to either of the parties except when it is unavoidable that too on heavy costs.

¶10

Order Date :- 2.2.2023 Pratima

¶11

Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad

Aasma v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Aasma v. State of U.P. and 5 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

Case details

Similar cases

Rakesh Vs State of U.P. and Another

Swapnil Tomar Vs State of U.P. and Another

Smt. Nazma Vs State of U.P. and Another

Satyendra Prakash Vs State of U.P. and Another

Ajay Gupta Vs State of U.P. and Another

Bhuvesh Kumar Vs State of U.P. and Another