Brijesh Kumar Verma Alias Tillu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Brijesh Kumar Verma Alias Tillu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Judicial Magistrate-II, Lucknow to conclude the trial of Criminal Case No.2592 of 2011 (State vs. Brijesh Kumar Verma and another) expeditiously, strictly in accordance with law, if there is no legal impediment, by affording opportunity of hearing, fixing short dates and without unnecessary adjournments; notice to opposite party No.2 dispensed with.

Issue for consideration

Whether the Trial Court (Judicial Magistrate-II, Lucknow) should be directed to conclude the trial of Criminal Case No.2592 of 2011 (State vs. Brijesh Kumar Verma and another), pending since 2011, expeditiously.

Court's answer

Petition disposed of finally at the admission stage, without entering into merits, directing the Trial Court (Judicial Magistrate-II, Lucknow) to conclude the trial of Criminal Case No.2592 of 2011 expeditiously.

Ratio / Principle

The trial is to be concluded strictly in accordance with law, if there is no legal impediment, by affording an opportunity of hearing to the parties concerned, fixing short dates and without giving any unnecessary adjournments to any of the parties.

Key takeaways

Notice to opposite party No.2 was dispensed with in view of the proposed order.obiter¶7

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajesh Singh Chauhan, J.; order dated 1.3.2024; Neutral Citation 2024:AHC-LKO:18777). Application under Section 483 Cr.P.C. (Application U/S 483 No.130 of 2024) by Brijesh Kumar Verma Alias Tillu seeking a direction to Judicial Magistrate-II, Lucknow to conclude the trial of Criminal Case No.2592 of 2011 (State vs. Brijesh Kumar Verma and another), arising out of Case Crime No.64 of 2011 under Sections 41/411, 420, 467, 468 & 471 I.P.C., Police Station-Cantt., District-Lucknow, pending since 2011, expeditiously. The Court disposed of the petition at the admission stage without entering into merits, directing the Trial Court to conclude the trial strictly in accordance with law, if there is no legal impediment, affording opportunity of hearing to the parties, fixing short dates and without giving unnecessary adjournments. Notice to opposite party No.2 was dispensed with.

Neutral Citation No. - 2024:AHC-LKO:18777

Court No. - 11

Case :- APPLICATION U/S 483 No. - 130 of 2024

Applicant :- Brijesh Kumar Verma Alias Tillu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Arvind Kumar Verma Counsel for Opposite Party :- G.A.

Hon'ble Rajesh Singh Chauhan,J.

1. Heard learned counsel for the petitioner and the learned Additional Government Advocate for the State.

2. In view of the proposed order, the notice to opposite party No.2 is hereby dispensed with.

3. By means of this petition filed under Section 483 Cr.P.C., the petitioner has prayed for the following relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned Trial Court i.e. Judicial Magistrate-II, Lucknow to conclude the trial of Criminal Case No.2592 of 2011 (State vs. Brijesh Kumar Verma and another), arising out of Case Crime No.64 of 2011, under Sections 41/411, 420, 467, 468 & 471 I.P.C., Police Station-Cantt., District-Lucknow, pending before it, expeditiously, preferably within a period of three months, in the interest of law and justice."

4. Learned counsel for the petitioner after arguing the matter at some length has requested that ends of justice would suffice if necessary directions for disposal of the aforesaid criminal case is issued to the learned court below, strictly in accordance with law, within the time stipulated.

5. Learned Additional Government Advocate has no objection to the aforesaid innocuous prayer of learned counsel for the petitioner.

6. Considering the aforesaid innocuous prayer of learned counsel for the petitioner, without entering into merits of the issue, I hereby dispose of finally this petition at the admission stage directing the learned Trial Court i.e. Judicial MagistrateII, Lucknow to conclude the trial of Criminal Case No.2592 of 2011 (State vs. Brijesh Kumar Verma and another), arising out of Case Crime No.64 of 2011, under Sections 41/411, 420, 467, 468 & 471 I.P.C., Police Station-Cantt., District-Lucknow, pending before her/ him since 2011, expeditiously strictly in

accordance with law, if there is no legal impediment by affording an opportunity of hearing to the parties concerned by fixing short dates and without giving any unnecessary adjournments to any of the parties.

[Rajesh Singh Chauhan,J.]

Order Date :- 1.3.2024 Suresh/

Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench