Disposed

Tayyab Khan v. State of U.P. and 3 Others

Allahabad HC6 Aug 2024A482/23127/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC filed seeking direction to the trial court to decide a pending criminal case within two years due to undue delay spanning seven years. The court granted the prayer and directed the trial court to expedite the decision-making process.

What did the court decide?

Directed the learned trial court to decide the pending case expeditiously within a period of two years from the date of production of the certified copy of this order.

Tayyab Khan vs State of U.P. and 3 Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126420

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 23127 of 2024

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Applicant :- Tayyab Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Rai,Om Prakash Rai Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused material on record.

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The present application has been filed by the applicant with a prayer allow this application and direct the court below to decide the Case No. 9764 of 2024 (State Vs. Kavindra Singh and Others) arising out of Case Crime No. 88 of 2017 under Sections 406, 420, 120B I.P.C., Police Station Masuri, District Ghaziabad, pending before the learned Additional Civil Judge (Senior Division) Court no. 3, Ghaziabad.

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It is submitted by learned counsel for the applicant that a case was got registered in the year 2017 under Section 406 I.P.C. by the applicant/ informant only after investigation charge sheet was filed and cognizance was also taken. It is also submitted that the proceedings before the learned trial court are going on but till now trial could not be completed even after lapse of seven years, therefore, request to direct the learned trial court to decide the case within a stipulated period of time.

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Learned A.G.A. has no objection in this regard.

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Considering the facts and circumstances of the case and submission made by learned counsel for applicant as well as learned A.G.A., perusal of record, the order sheet of the learned trial court and the time period elapsed from the year 2017 to 2024, it is expedient to direct the learned trial court to make its endeavour to decide the case as expeditiously as possible in accordance with law within a period of two years from the date of production of certified copy of this order.

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With the aforesaid directions, the present application stands disposed of finally.

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Order Date :- 6.8.2024

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Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Tayyab Khan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Tayyab Khan v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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