Single judge dismissed a Section 483 CrPC application seeking directions for expeditious trial disposal where proceedings delayed due to complainant's repeated absence.
Directions for expeditious disposal of case proceedings were not issued.
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Neutral Citation No. - 2024:AHC:148260
Court No. - 81
Case :- APPLICATION U/S 483 No. - 1015 of 2024
Applicant :- Smt Suman Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.C. Dwivedi,Shashi Dhar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Applicant-Complainant has filed this application under Section 483 Code of Criminal Procedure for issuance of directions to the trial court to expeditiously conclude the trial proceedings of Complaint Case No. 1547 of 2022; titled Suman vs. Manoj, arising out of Case Crime No. 408 of 2020, under Sections 452, 376, 511, 323, 506 IPC, Police Station Rajpura, District Sambhal, in a stipulated period.
A perusal of the zimni orders would reveal that after filing of the protest petition by the complainant on 30th March, 2022, the proceedings under Chapter XV Code of Criminal Procedure were ordered and the complainant is yet to adduce the pre-summoning evidence.
Repeatedly, the case is adjourned because of absence of the complainant.
Therefore, no case is made out for issuing any direction for expeditious disposal of the case.
The application fails and is hereby dismissed.
Order Date :- 11.9.2024 Brijesh
Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether directions should be issued to the trial court to expeditiously conclude trial proceedings.
Whether repeated adjournments due to complainant's absence justify issuing directions for disposal.
Suman
State of U.P.
Manoj Bajaj
Brijesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
