Disposed

Ashish Joshi v. State of U.P. Thru. Secy. Civil Sectt. U.P. Lko. and 2 Others

Allahabad HC2 May 2024A227/1955/2024

Case brief

AI extract

What is this about?

High Court directed the trial court to dispose of a pending Sessions trial with utmost expedition within six months, relying on the trial court's own report, without adjudicating the merits of the case.

What did the court decide?

Direction to the trial court to conclude the trial within six months with utmost expedition.

What the court decided

Ashish Joshi vs State of U.P. Thru. Secy. Civil… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34279

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Court No. - 16

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Case :- MATTERS UNDER ARTICLE 227 No. - 1955 of 2024

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Petitioner :- Ashish Joshi

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Respondent :- State Of U.P. Thru. Secy. Civil Sectt. U.P. Lko. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.

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The instant petition has been filed by the petitioner to direct the respondent no.2 i.e. Additional District and Sessions Judge, Court No.13, Lucknow to decide Sessions Trial No.1019/2013 (State Vs. Ashish Joshi and Others), arising out of Case Crime No.468 of 2010, under Sections 34, 307, 382, 411, 114 I.P.C., Police Station Chowk, District Lucknow within the time stipulated by this Court.

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Learned counsel for the petitioner/accused person submits that F.I.R. of this case is pertaining to the year 2010 and charge sheet was filed in the same year and committal of the case was also made to the court of Sessions on 18.09.2013 and thereafter charges were framed in the year 2018 and till now only one prosecution witness i.e. Firoz Ahmad has been testified, thus suitable directions be given to the trial court to conclude the trial within the time stipulated by this Court with utmost expedition.

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Learned A.G.A. would have no objection to the request of learned counsel for the petitioner as already sufficient time appears to have elapsed.

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Having regard to the facts and circumstances and keeping in view the order intended to be passed, the service of notice on respondent no.3/informant is hereby dispensed with as expeditious disposal of the case pending before the trial court would also be in his interest.

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Having heard learned counsel for the parties and having perused the record, it is evident that vide order dated 23.04.2024, this Court had directed the trial court to submit a report with regard to certain points mentioned therein and a

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report of date 29.04.2024 has been submitted by the trial court informing that the case was committed to the court of Sessions on 18.09.2013 and thereafter charges were framed against him on 21.06.2018 and it was on 05.11.2018 evidence of P.W.-1 Firoz Ahmad was recorded and thereafter one of the co-accused had become absconder and she could only surrender on 16.03.2024 and thereafter the case was listed for recording of evidence of the prosecution witnesses and the next date in the case is fixed as 06.05.2024. It is further stated that all efforts would be made to conclude the trial within next six months.

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Keeping in view all the facts and circumstances of the case and in view of the report submitted by the trial court, wherein it is stated that all efforts would be made to conclude the trial within next six months, the instant petition is finally disposed of with direction to the trial court to make all out efforts to dispose of the above mentioned case pending before it with utmost expedition having regard to the provisions as contained under Section 309 Cr.P.C. strictly in accordance with law, if possible, within next six months from production of a copy of this order before it after providing an opportunity of being heard to the parties, if there is no legal impediment.

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It is made clear that this Court has not considered the merits of the case.

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Order Date :- 2.5.2024 Anupam S/-

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Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench

Ashish Joshi v. State of U.P. Thru. Secy. Civil Sectt. U.P. Lko. and 2 Others

Case brief

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Ashish Joshi v. State of U.P. Thru. Secy. Civil Sectt. U.P. Lko. and 2 Others

Case brief

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