Application under Section 482 Cr.P.C. moved for deferred disposal of a criminal trial delayed four years. The court directed the trial court to proceed expeditiously without unnecessary adjournments, relying on Section 309 Cr.P.C.
Directed the learned trial court to proceed with the case expeditiously without granting unnecessary adjournments.
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Neutral Citation No. - 2024:AHC:147088
Court No. - 82
Case :- APPLICATION U/S 482 No. - 24927 of 2024
Applicant :- Yogesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Som Veer 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 record.
The present application u/s 482 Cr.P.C. has been moved with prayer to direct the learned Judicial Magistrate, Chhata, Mathura to dispose of Criminal Case No.207/IX of 2021 (State vs. Tarun Kumar @ T.C.) arising out of Case Crime No.595/2020, under Sections 323, 325, 352, 504, 506 I.P.C., Police Station Kosi Kalan, District Mathura pending before the Judicial Magistrate, Chhata, Mathura within a stipulated time as prescribed by this Hon'ble Court.
It is submitted that in this case prosecution was instituted in the year 2020 and four years have elapsed but even charge could not be framed by the learned trial court, therefore, request to direct the learned trial court to decide the case expeditiously 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., as well as the order sheet from the year 2020 to the year 2023, it appears that even the charge has not yet been framed by the learned trial court against the accused persons and dates are being fixed day by day, therefore, it is expedient to direct the learned trial court to make its endeavour to proceed in the case as expeditiously as possible in accordance with law, in view of the provisions as contained u/s 309 Cr.P.C. without granting any unnecessary adjournment to either of the parties.
Accordingly, this application is disposed of finally.
Order Date :- 10.9.2024 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the learned trial court should be directed to dispose of the case expeditiously given the delay in framing charges.
2 provisions across 1 enactments
Yogesh Kumar
State Of U.P.
Subhash Chandra Sharma
Ashok Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
