The High Court dismissed an application under Section 483 CrPC seeking directions to expedite a trial, holding that the application was unnecessarily filed because the trial proceedings were already stayed by the Court's own order in a related application.
Application dismissed with cost of Rs. 5,000/-
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Neutral Citation No. - 2024:AHC:148506
Court No. - 81
Case :- APPLICATION U/S 483 No. - 1129 of 2024 Applicant :- Seema Patel Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arjun Singh Patel,Bindeshwari Prasad Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Seema Patel- Applicant has approached this Court through this application under Section 483 Code of Criminal Procedure for issuance of directions to the Civil Judge (J.D.)/F.T.C., District Bareilly, to expedite and conclude the proceedings of Complaint Case No. 446 of 2021, titled Smt. Seema Patel Vs. Manoj Kumar and others, under Sections 498-A, 323, 504 I.P.C. and under Section 3/4 Dowry Prohibition Act, 1961, Police Station Bhojipura, District Bareilly, in a stipulated period.
Learned counsel for the applicant has submitted that the subject complaint was instituted by complainant- applicant in the year 2020, but the trial is not progressing, therefore, it would be in the interest of justice, if direction is issued to expedite and conclude the trial in specific time framed.
During the course of hearing, it is not not disputed by the learned counsel that on a petition filed by the accused through Application U/S 482 No.26636 of 2023, the further proceedings before the trial court was stayed by this Court vide order dated 26.7.2023.
Concededly, the applicant being complainant is party in the said pending case, wherein no application for expeditious disposal or vacation of stay has been filed.
In view of above, this Court has no hesitation in holding that the complainant-applicant has unnecessarily filed this application, which is not based upon a valid cause of action, therefore, the applicant deserves to be burdened with exemplary cost.
Resultantly, the application fails and is hereby dismissed with costs of Rs.5,000/- to be deposited within one month before the Registrar General, High Court Allahabad, who will, thereafter, forward the same to the High Court Legal Services Committee.
Order Date :- 11.9.2024/Raj
Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application for expediting trial is maintainable while the proceedings are stayed under Section 482 CrPC.
Seema Patel
State Of U.P. And 2 Others
Manoj Bajaj
As recorded by the court registry
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