Disposed

Amit Kumar Pandey v. State of Up and 8 Others

Allahabad HC2 Dec 2024A482/34877/2024

Case brief

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What is this about?

In a Section 482 application, the High Court directed the trial court to report on the delay in framing charges due to non-appearance of accused and to submit a tabulated report on prosecution witness examination and coercive measures taken in a criminal case.

What did the court decide?

Directing the trial court to send a report on the status of trial, delay in framing charges, and details regarding prosecution witnesses and coercive measures.

Amit Kumar Pandey vs State of Up and 8 Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 34877 of 2024

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Applicant :- Amit Kumar Pandey Opposite Party :- State Of Up And 8 Others Counsel for Applicant :- Pradeep Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Pradeep Kumar Yadaav, learned counsel for the applicant, Sri Mayank Awasthi, learned Brief Holder for the State. On a specific query raised to the counsel for the applicant as to what is the status of the trial, he submits that the accused persons are not appearing and adopting delaying tactic due to which charges have not been framed as yet.

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In view of the above, the trial court is directed to send a report regarding the status of the trial and cause for the delay in concluding the Case No.705 of 2018 (State vs. Kaushlendra), arising out of Case Crime No.371 of 2010, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Barsathi, District Jaunpur and also the following details in tabulated form:

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(1) Dates on which chargesheet was filed and the charge was framed.

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(2) Number of prosecution witnesses in the chargesheet.

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(3) Number and particulars (i.e. name, nature of witness like eye witness and expert witness etc.) of prosecution witnesses proposed to be examined as per the charge sheet.

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(4) List of proposed prosecution witnesses/calendar submitted before the trial court for examination during the trial.

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(5) Names and number of prosecution witnesses who have been examined before the trial court with dates.

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(6) Names and number of witnesses who have been summoned but have not attended the trial proceedings on the appointed dates with dates.

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(7) Names and number of witnesses against whom coercive

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measures have been taken out with dates.

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Put up this case on 28.01.2025 as fresh.

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A copy of this order be communicated to the concerned court below through the learned District Judge, Jaunpur by the Registrar (Compliance) by FAX forthwith.

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Order Date :- 2.12.2024 DS

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Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad

Amit Kumar Pandey v. State of Up and 8 Others

Case brief

What is this about?

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Amit Kumar Pandey v. State of Up and 8 Others

Case brief

What is this about?

What did the court decide?

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