Applicant sought a direction to expedite a pending criminal trial under Sections 420, 467, 468, 471, 504, 323, 506 IPC. Cognizance had been taken in May 2024. The court declined to fix a stipulated period and instead directed the trial court to proceed expeditiously per Section 309 Cr.P.C., disposing of the application.
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Neutral Citation No. - 2024:AHC:128728
Court No. - 82
Case :- APPLICATION U/S 482 No. - 22185 of 2024 Applicant :- Ranjeet Kumar Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.
The present application u/s 482 Cr.P.C. has been filed by the applicant with prayer to direct the court concerned to expedite the Criminal Case No. 218 of 2024 (State Vs. Rajendra Bahadur and others), arising out of Case Crime No. 08 of 2023, under Sections 420, 467, 468, 471, 504, 323, 506 I.P.C., Police Station-Bidhuna, District-Auraiya, pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Bidhuna, Auriauya.
It is submitted by learned counsel for the applicant that in this case charge sheet has been filed before the learned trial court, but no proceedings are going on till now, therefore, request to direct the learned trail court to proceed with the trial and conclude it within stipulated period of time.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., it appears that in this case F.I.R. was lodged in 2023 and charge sheet was filed in the year 2024 and cognizance was also taken by learned trial court on 07.05.2024.
In the circumstances of the case, direction for conclusion of trial within stipulated period of time is not required at all, but it is expedient to direct the learned trial court to make its endeavour to proceed with the trial, as expeditiously as, possible in view of the provisions as contained under Section 309 Cr.P.C.
Accordingly, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 8.8.2024 / Sunil Kr. Gupta
Digitally signed by :- SUNIL KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct the trial court to expedite and conclude the pending criminal case within a stipulated time.
2 provisions across 1 enactments
Ranjeet Kumar
State Of U.P.
Rajendra Bahadur
Subhash Chandra Sharma
As recorded by the court registry
2 orders share this CNR
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