Ashok Kumar Gautam Vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2024) — LawSathi Research

Ashok Kumar Gautam Vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the learned Additional Chief Judicial Magistrate-7, Lucknow to dispose of State vs. Rahul Gautam and others arising out of Case Crime No.545 of 2021, under Sections 147, 452, 325, 504 & 506 I.P.C., P.S. Krishna Nagar, District-Lucknow, if there is no legal impediment, strictly in accordance with law by affording an opportunity of hearing to the parties, expeditiously by fixing short dates, ensuring no unnecessary adjournments, and proceeding exparte if an unnecessary adjournment is prayed.

Issue for consideration

Whether a direction should issue to the learned trial court (Additional Chief Judicial Magistrate-7, Lucknow) for speedy trial, on day-to-day basis, and disposal within six months of State vs. Rahul Gautam and others arising out of Case Crime No.545 of 2021.

Court's answer

Considering the innocuous prayer of learned counsel for the petitioner and without entering into the merits of the issue, the petition under Section 483 Cr.P.C. is disposed of finally at the admission stage.

Ratio / Principle

The learned Additional Chief Judicial Magistrate-7, Lucknow is directed to dispose of the case titled State vs. Rahul Gautam and others (Case Crime No.545 of 2021, Sections 147, 452, 325, 504 & 506 I.P.C., P.S. Krishna Nagar, District-Lucknow), if there is no legal impediment, strictly in accordance with law by affording an opportunity of hearing to the parties concerned, expeditiously by fixing short dates.

Key takeaways

No unnecessary adjournment shall be given to any of the parties; if any unnecessary adjournment is prayed, the same may be turned down and rejected and the matter may be proceeded exparte.ratio¶12
In view of the proposed order, notices to opposite party Nos. 2 to 5 are dispensed with.ratio¶7

Detailed headnote1 paragraphs

Speedy trial — Direction under Section 483 Cr.P.C. — Petition by applicant seeking direction to the learned Additional Chief Judicial Magistrate-7, Lucknow for day-to-day trial and disposal within six months of State vs. Rahul Gautam and others, arising out of Case Crime No.545 of 2021, under Sections 147, 452, 325, 504 & 506 I.P.C., Police Station-Krishna Nagar, District-Lucknow, pending before the court below and not decided till date — Learned Additional Government Advocate had no objection to any direction for disposal — Held, considering the innocuous prayer and without entering into merits of the issue, petition disposed of finally at the admission stage; trial court directed to dispose of the case, if there is no legal impediment, strictly in accordance with law by affording an opportunity of hearing to the parties concerned, expeditiously by fixing short dates and ensuring that no unnecessary adjournment is given to any party; if any unnecessary adjournment is prayed, the same may be turned down and rejected and the matter may proceed exparte; notices to opposite party Nos. 2 to 5 dispensed with. (Paras 6-12; Rajesh Singh Chauhan, J.)

Neutral Citation No. - 2024:AHC-LKO:22169

Court No. - 11

Case :- APPLICATION U/S 483 No. - 175 of 2024

Applicant :- Ashok Kumar Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Vinay Kumar Singh 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 notices to opposite party Nos.2 to 5 are hereby dispensed with.

3. By means of this petition filed under Section 483 Cr.P.C., the petitioner has prayed for issuance of direction to the learned trial court for speedy trial in the case of State vs. Rahul Gautam and others , arising out of Case Crime No.545 of 2021, under Sections 147, 452, 325, 504 & 506 I.P.C., Police StationKrishna Nagar, District-Lucknow, pending in the court of learned Additional Chief Judicial Magistrate-7, Lucknow on day-to-day basis and the same may be disposed of within a period of six months.

4. The contention of learned counsel for the petitioner is that the trial in the aforesaid case is pending before the learned court below but the same has not been decided till date. He has requested that any direction for disposal of the aforesaid case titled as State vs. Rahul Gautam and others , arising out of Case Crime No.545 of 2021, under Sections 147, 452, 325, 504 & 506 I.P.C., Police Station-Krishna Nagar, District-Lucknow, may be issued.

5. Learned Additional Government Advocate has no objection if any direction is issued for disposal of the aforesaid case.

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. the learned Additional Chief Judicial Magistrate-7, Lucknow to dispose of the case titled as State vs. Rahul Gautam and others , arising out of Case Crime No.545 of 2021, under Sections 147, 452, 325, 504

& 506 I.P.C., Police Station-Krishna Nagar, District-Lucknow, if there is no legal impediment, strictly in accordance with law by affording an opportunity of hearing to the parties concerned, expeditiously by fixing short dates and by ensuring that no unnecessary adjournment shall be given to any of the parties and if any unnecessary adjournment is prayed, the same may be turned down and rejected and the matter may be proceeded exparte.

[Rajesh Singh Chauhan,J.]

Order Date :- 13.3.2024 Suresh/

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