Disposed

Mukesh Kumar v. State of U.P. and Another

Allahabad HC21 Nov 2024A482/39589/2024

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought a direction for the expeditious disposal of a pending session trial exceeding 20 years. The Court directed the Special Judge to conclude the proceedings within one year and to proceed in absence of non-appearing witnesses.

What did the court decide?

Direction issued to Special Judge to decide the pending session trial within one year.

Mukesh Kumar vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:181664

¶2

Court No. - 78

¶3

Case :- APPLICATION U/S 482 No. - 39589 of 2024

¶4

Applicant :- Mukesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vinod Diwakar,J.

¶6

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶7

By means of the present application under Section 482 Cr.P.C., the applicant has sought for a suitable direction to the Special Judge (Gangster Act), Aligarh to decide the Session Trial No. 64 of 2010, titled State v. Jay Prakash & Ors, arising out of Case Crime No. 96 of 2003, under Sections 147, 148, 149, 307 IPC and Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, P.S. Chharra, District Aligarh, pending before the Special Judge (Gangsters Act), within stipulated time.

¶8

Learned counsel for the applicant submits that trial of the instant is pending since 2010 and a period of more than 20 years have been passed and only three witness out of seven witnesses have been examined so far, therefore, a direction may be issued to the concerned Court to decide the same within some specific time frame.

¶9

Keeping in view the fact that the trial is pending for the last 20 years, the Special Judge (Gangster Act), Aligarh is directed to decide the proceedings of Session Trial No. 64 of 2010, titled State v. Jay Prakash & Ors, arising out of Case Crime No. 96 of

¶10

2003, under Sections 147, 148, 149, 307 IPC and Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, P.S. Chharra, District Aligarh, expeditiously preferably within a period of one year. It is further observed that after due summon and service if the witnesses do not turn up for recording their evidence, the Court shall proceed with the trial in accordance with law.

¶11

With the aforesaid direction, the instant application is disposed of.

¶12

Order Date :- 21.11.2024 A. Tripathi

¶13

Justice Vinod Diwakar

¶14

Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Mukesh Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jitendra Rajput @ Baura vs State of U.P. and Another

Smt Maya vs State of U.P. and Another

Lalu Joshi @ Lalu Ram and 2 Others vs State of Up and Another

Smt Rajan Shree and Another vs State of Up and 3 Others

Komal and Another vs State of Up and 3 Others

Anjali Verma and Another vs State of .Up. and 3 Others