Applicant sought directions to expedite criminal trial proceedings under Section 483 CrPC arguing delay. Court dismissed the application noting the case was not old and no ground for expeditious disposal was made out citing a Supreme Court decision.
Application for issuance of directions to expedite the criminal proceedings is dismissed.
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Neutral Citation No. - 2024:AHC:123818
Court No. - 81 Case :- APPLICATION U/S 483 No. - 1076 of 2024 Applicant :- Rafat Khan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Applicant has approached this Court through this application under Section 483 Code of Criminal Procedure for issuance of directions to the Judicial Magistrate-I, Bhadohi at Gyanpur to expedite and conclude the proceedings of Criminal Case No. 13041 of 2022, arising out of Case Crime No. 82 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Gyanpur, District Bhadhohi, in a stipulated period.
Learned counsel for applicant has submitted that subject F.I.R. was lodged by complainant-applicant on 14.5.2022, but the trial in the subject F.I.R. is still pending adjudication and is not making any headway. Learned counsel for applicant prays that in view of the nature of the offences, it would be in the interest of justice, if directions are issued to the trial court to decide the above mentioned case in a specific time frame.
Concededly, the charge sheet against the accused was filed on 9.9.2022 and the accused have been extended the concession of regular bail. A perusal of the zimni orders would show that the accused are appearing before the trial court and on number of occasions, they have been seeking exemption from personal appearance and there is nothing on record to indicate that the complainant ever opposed the said prayer.
That apart, it is not an old case, therefore, no ground is made out for issuing the directions for expeditious disposal of the trial, in view of the decision of Hon'ble Supreme Court in Shaikh Uzma Feroz Hussain Vs. The State of Maharashtra, MANU/ SCOR/ 145020/ 2023 .
The application fails and is hereby dismissed.
Order Date :- 1.8.2024/P.S.Parihar
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application under Section 483 CrPC for expediting trial proceedings is maintainable when the case is not old and no significant delay has been demonstrated.
Colour shows how this judgement treated each authority
Shaikh Uzma Feroz Hussain Vs. The State of MaharashtraDistinguished¶7
Shaikh Uzma Feroz Hussain Vs. The State of Maharashtra, MANU/ SCOR/ 145020/ 2023
1 provisions across 1 enactments
Rafat Khan
State Of U.P.
Manoj Bajaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
