Disposed

Mahendra Kumar Gupta v. State of U.P. and 4 Others

Allahabad HC16 Aug 2023A483/781/2023

Case brief

AI extract

What is this about?

This single-judge order disposed of a criminal miscellaneous application under Section 483 CrPC. The applicant sought quicker disposal of a pending criminal case alleging theft and cheating. The court directed the lower court to decide the case via a reasoned order within one year.

What did the court decide?

The court below shall decide the case within one year by a reasoned order without unnecessary adjournments.

Mahendra Kumar Gupta Vs State of U.P. and 4… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:164787

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 781 of 2023

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Applicant :- Mahendra Kumar Gupta Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ashwini Kumar,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Donadi Ramesh,J.

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Heard the learned counsel for the applicant, learned Addl. Government Advocate appearing on behalf of the State and perused the record.

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The instant application is filed under Section 483 Cr.P.C. with the following prayer:

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned court below to decide the Case No. 579 of 2019 arising out of Case Crime No. 01 of 2019 (State vs. Chandra Bhusan Yadav @ Bhukkhan Yadav), under Sections 419, 420, 406, 467, 468, 471, 483, 120-B IPC, Police Station Phoolpur, District Varanasi pending before the Addl. Civil Jude (Junior Division)/F.T.C.-II Varanasi, within stipulated period, during the pendency of the present criminal misc. application, otherwise, the applicant shall suffer an irreparable loss and injury which may not be compensated in any manner."

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The brief facts of the case is that the applicant is complainant. He has made a complaint on 03.01.2019 against Bhusan Yadav, Pappu Yadav and Dular Yadav stating therein that he is running shop in the firm M/s Vishwanath Galla Bhandar in Rampur. Onn 23.11.2018, he has taken a vehicle belonging to Ahmadabad bearing registration No. MH48 J 0565; after loading the aforesaid vehicle and upon weighing from Dharm Kata, he went to Pahadiya Mandi, Varanasi for making gate pass to travel. The accused in collusion and connivance with one another fled away taking away the rice along with vehicle. During investigation, police has collected credible evidence and filed charge sheet against opposite parties No. 2, 3,4 & 5 upon which the court below has taken cognizance on 07.08.2019 and subsequently charge sheet has been

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filed on 02.01.2021. Though, after lapse of four years at the behest of opposite parties No. 2 to 5, they dragged the proceeding for one reason or the other. They are not cooperating for disposal of the said complaint, as such, present petition has been filed.

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It is contended by learned counsel for the applicant that opposite parties No. 2 to 5 are adopting delaying tactics to linger on the case for one pretext or other. It has been asserted on behalf of the applicant that right to speedy trial is vested in the applicant under Article 21 of the Constitution.

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Learned A.G.A. appearing for the State does not oppose the prayer made by learned counsel for the applicant.

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Considering the fact and circumstances of the case, without going into the merits of the case, this application is disposed of by providing that the court below shall consider and decide the above mentioned case, in accordance with law, by means of a reasoned and speaking order, expeditiously preferably within a period of one year from the date of filing of a certified copy of this order without granting any unnecessary adjournment to either of the parties, if there is no other legal impediment.

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Order Date :- 16.8.2023 Mukesh Kr.

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(Donadi Ramesh,J.)

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Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad

Mahendra Kumar Gupta v. State of U.P. and 4 Others

Case brief

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Mahendra Kumar Gupta v. State of U.P. and 4 Others

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