Applicant sought direction for expeditious disposal of his criminal case pending before ACJM-V, Jaunpur. The High Court declined to issue notice to opposite parties and directed the trial court to decide the case expeditiously from production of a certified copy of the order.
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Neutral Citation No. - 2024:AHC:124787
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl No.5)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 23958 of 2024
Applicant :- Chhote Lal Vishwakarma Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Brijesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Raj Nath Maurya, counsel holding brief of Sri Brijesh Kumar Verma, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking direction for expeditious disposal of Case No. 233 of 2021 (State of U.P. vs. Madan and others) arising out of Case Crime No.167 of 2020 under Sections 323, 325, 504 I.P.C., P.S.- Rampur, District- Jaunpur, pending in the court of Additional Chief Judicial Magistrate- Vth , Jaunpur.
3. Learned counsel for the applicant submits that in the instant a charge-sheet was filed 25.02.2021 and the cognizance was taken on the same date and charges have already been framed and the matter is pending for the cross-examination of the PW-1 and for more than one year the cross-examination could not be completed due to non-cooperation of the opposite party nos. 2 to 5. Therefore, he seeks direction for expeditious disposal of the complaint case.
4. Learned A.G.A for the State does not oppose the prayer made by learned counsel for the applicant.
5. Looking at the facts and circumstances and the prayer made by learned counsel for the applicant, this Court does not find any good reason to issue notice to the opposite party nos. 2 and 5 and keep the matter pending here, which will further delay the trial of the aforesaid case.
6. In view thereof, the Additional Chief Judicial Magistrate-
Vth , Jaunpur, is directed to consider and decide the Case No. 233 of 2021 (State of U.P. vs. Madan and others) arising out of Case Crime No.167 of 2020 under Sections 323, 325, 504 I.P.C., P.S.- Rampur, District- Jaunpur filed by the applicant herein, expeditiously from the date of production of a certified copy of this order, if there is no other legal impediment.
7. With the aforesaid directions, the instant application is disposed of.
Order Date :- 2.8.2024 Shubham Arya
(Anish Kumar Gupta, J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court should be directed to decide the criminal case expeditiously given delay in cross-examination of PW-1.
4 provisions across 2 enactments
Chhote Lal Vishwakarma
State Of U.P.
Madan
Anish Kumar Gupta
As recorded by the court registry
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