Dismissed

Ramkumar Gupta and 5 Others v. State of U.P. and Another

Allahabad HC10 Jul 2024A482/17776/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an application under Section 482 Cr.P.C. filed for quashing long-pending criminal proceedings and directing expedition of trial, noting the delay was partly due to the applicants' non-appearance.

What did the court decide?

The application was not entertained and dismissed; the trial court is directed to proceed expeditiously without adjournments.

Ramkumar Gupta and 5 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149267

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.4)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 17776 of 2024

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Applicant :- Ramkumar Gupta And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Dileep Kumar Srivastava,, learned counsel for the applicants and Mohd. Shoaib, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed with following prayer:

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and direct to the Judicial Magistrate/FTC (CAW) to expedite the complaint case No. 264 of 2010 (Smt. Poonam Gupta Vs. Ramkumar Gupta and others), under section 498-A, 323, 504, 506 IPC, and Section 3/4 D.P. Act, P.S. Parasrampur, District-Basti within stipulated time pending since 2009 to till date and further be pleased to direct the court below not to adopt any coercive measure in the said case against the applicants, during the pendency of the present application before this Hon'ble Court, and/or may pass such other and further orders and directions as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case."

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3. By way of a modification application filed today in Court dated 03.09.2024, the applicants have sought the permission to modify the prayer as follows:

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the modification application in the prayer clause to modify and add extant to quash the entire criminal proceeding complaint case No. 264 of 2010 (Smt. Poonam Gupta Vs. Ramkumar Gupta and others), under section 498A, 323, 504, 506 IPC, and Section 3/4 D.P. Act, P.S. Parasrampur, District-Basti, and/or may pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

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4. Initially, the prayer made by learned counsel for the applicants is a self contradictory. He seeks a direction for expediting the proceedings of the complaint case and simultaneously he also prays that no coercive steps shall be taken against the applicants herein and from the record of the case it is apparent

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that the trial is being delayed due to non appearance of the accused persons who are the applicants herein.

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5. In the instant case trial is pending since, 2009 and after 15 years of the trial being pending before the trial court now prayed for quashing of the entire proceedings has been made by learned counsel for the applicant.

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6. In view of the aforesaid facts and specifically the conduct of the applicants this Court does not deem it appropriate to entertain the instant application at this stage and the same is accordingly dismissed . However, since the trial is pending 2009, the trial court is directed to proceed in the matter as expeditiously as possible without granting any exemption as well as unnecessary adjournment to either of the parties and proceed in the trial court in accordance with law.

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Order Date :- 12.9.2024 Shubham Arya

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Ramkumar Gupta and 5 Others v. State of U.P. and Another

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Ramkumar Gupta and 5 Others v. State of U.P. and Another

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