Allowed

Priyanka Chaudhary v. State of U.P.

Allahabad HC3 Feb 2023A483/493/2022

Case brief

AI extract

What is this about?

The High Court directed the trial court to expedite proceedings in a criminal appeal arising under Sections 498A IPC and Dowry Prohibition Act. The court ordered the discharge application to be decided and charges framed without adjournments except on unavoidable heavy costs.

What did the court decide?

Direction to trial court to decide discharge application, frame charges, ensure expeditious disposal by fixing short dates, and avoid adjournments except on unavoidable heavy costs.

Priyanka Chaudhary Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 93

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Case :- APPLICATION U/S 483 No. - 493 of 2022

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Applicant :- Priyanka Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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The applicant has filed this application under Section 483 Cr.P.C. for directing the trial court to expedite the proceedings of Case No. 476 of 2015, (State of U.P. Vs. Gaurav Kumar Singh and another), arising out of Case Crime No. 1801 of 2014, under Sections 498A, 420, 323, 504, 506 IPC & 3/4 of D.P. Act, Police StationQuarsi, District- Aligarh pending before the court of Chief Judicial Magistrate, Aligarh.

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From the perusal of the order-sheet, it transpires that the chargesheet has been filed in the court of Chief Judicial Magisrate, Aligarh on 31.03.2015 u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act against Dr. Gaurav Kumar Singh and Dr. Vijay Bhan Singh. The court took cognizance of the offence on 25.07.2015 and summon has been issued against the accused for appearance on 25.07.2015. The accused filed a Criminal Misc. Application u/s 482 Cr.P.C. No. 22808 of 2015 whereby criminal trial against co-accused, Dr. Vijay Bhan Singh was stayed by this Court on 06.08.2015. On 01.09.2015, Dr. Gaurav Kumar Singh appeared before the court and obtained bail. The trial court by the order dated 25.05.2016 separated the file of Dr. Gaurav Kumar Singh from the other accused i.e. Dr. Vijay Bhan Singh. The charge against co-accused, Dr. Gaurav Kumar Singh was to be framed on 03.09.2016 but the accused gave exemption application. On 19.04.2017, the trial court framed charges against the accused, Dr. Gaurav Kumar Singh u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act. The stay order granted by this Court was vacated vide order dated 18.08.2017 and the accused, Dr. Vijay Bhan Singh was summoned on 03.07.2018. The accused Dr. Vijay Bhan Singh was taken in judicial custody on 25.07.2018 and was granted bail. On 10.01.2019, accused, Dr. Vijay Bhan Singh gave application for discharge u/s 239 Cr.P.C. Several dates have passed for disposal of discharge application but the accused gave exemption applications which were allowed by the court.

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Heard Sri Abhishek Mishra, learned counsel for the applicant and perused the order sheet of the trial court available on record.

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It appears that the discharge application filed u/s 239 Cr.P.C. which was filed on 10.01.2019 by the accused is being delayed for so many days due to exemption applications and non-appearance of accused and also when no exemption application was filed then also court did not dispose of the application.

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The provisions of Section 143 (2) and (3) of the Negotiable Instruments Act, 1881 provides for expeditious disposal of case which is as follows :

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143. Power of Court to try cases summarily-

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(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing.

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(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.

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Considering the facts and circumstances of the case and the aforesaid provisions of Section 143 (2) and (3) of the Negotiable Instruments Act, 1881, the application is disposed of with a direction to the trial court to decide the discharge application and frame charges against the applicant and also 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.

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Order Date :- 3.2.2023 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

Priyanka Chaudhary v. State of U.P.

Case brief

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Priyanka Chaudhary v. State of U.P.

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