Disposed

Smt Niharika Chaubey @ Neha v. State of U.P. and 4 Others

Allahabad HC13 Feb 2023A483/562/2022

Case brief

AI extract

What is this about?

High Court disposed of an application under Section 483 Cr.P.C. directing the Chief Judicial Magistrate, Jhansi, to expedite the trial of a case arising under Sections 498-A IPC and Dowry Prohibition Act. The court ordered coercive measures for production of bail bonds and appearance of accused, fixed short dates, and imposed heavy costs for adjournments.

What did the court decide?

Directed C.J.M. Jhansi to ensure production of bail bonds under S. 350 Cr.P.C. via coercive measures, procure appearance of respondents, fix short dates, and avoid adjournments with heavy costs.

Smt Niharika Chaubey @ Neha Vs State of… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 93

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Case :- APPLICATION U/S 483 No. - 562 of 2022

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Applicant :- Smt Niharika Chaubey @ Neha Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Manoj Kumar Sahu 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 Criminal Case No. 20524 of 2021, (State Vs. Atul Chaubey and others) arising out of Case Crime No. 308 of 2021 under Sections 498-A, 323, 506 I.P.C. and Section 3, 4 of Dowry Prohibition Act, 1961, Police Station- Sipari Bazar, District- Jhansi, pending before the court of Chief Judicial Magistrate, Jhansi, expeditiously.

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It has been submitted by learned counsel for the applicant that the applicant got first information report registered against the respondent nos. 2 to 5 as Case Crime No. 308 of 2021 u/s 498-A, 323, 506 I.P.C. and Sections 3, 4 of the Dowry Prohibition Act, 1961 at P.S.- Sipari Bazar Kotwali, District- Jhansi. After investigation was completed, the Investigating Officer filed charge-sheet u/s 498-A, 323, 506 I.P.C. and Sections 3, 4 of the Dowry Prohibition Act. On 23.12.2021, cognizance was taken by the learned Chief Judicial Magistrate, Jhansi, on the charge-sheet and the summons were issued against respondent nos. 2 to 5 to appear on 18.01.2022 but no one appeared on the date fixed. On 28.04.2022, bailable warrants were issued against the respondent nos. 2 to 5/accused fixing 06.06.2022 for appearance. On 06.06.2022 and 10.08.2022, the respondent nos. 2 to 5/accused did not appear. On 15.09.2022, respondent nos. 3 and 4, Smt. Anita Chaubey and Dileep Chaubey appeared before the Court and their bail bonds were summoned from concerned police station fixing 01.10.2022.

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Heard Sri Manoj Kumar Sahu, learned counsel for the applicant and perused the order sheet of the trial court available on record.

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It appears that even after one year, charges have not been framed and the trial of the case have not yet concluded. Till date, only respondent nos. 3 and 4 have appeared before the trial court and their bail bonds have been summoned while the remaining two accused, respondent nos. 2 and 5 have filed exemption application.

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The case is pending since 01.10.2022 for production of bail bonds but bail bonds have not yet been produced.

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Considering the facts and circumstances of the case, the Chief Judicial Magistrate, Jhansi, is directed to ensure production of bail bonds from the S.H.O. concerned in accordance with Section 350 Cr.P.C. by taking coercive measures against him and to procure the appearance of respondent nos. 2 and 5 by using coercive measures and expeditiously conclude the proceedings of the criminal case by fixing short dates and not giving any adjournment to either of the parties unless it becomes unavoidable and that too, with heavy costs.

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The application is disposed of, accordingly.

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Order Date :- 13.2.2023 KS

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

Smt Niharika Chaubey @ Neha v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt Niharika Chaubey @ Neha v. State of U.P. and 4 Others

Case brief

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