Dismissed

Jay Nath Adiwasi v. State of U.P.

Allahabad HC3 Sept 2024A483/1530/2024

Case brief

AI extract

What is this about?

This is a s. 482 Cr.P.C. application seeking directions to the trial court to decide the pending trial expeditiously. The Court observed that delays were attributable to the applicant's repeated absences and applications for adjournment, leading to dismissal. The prayer was dismissed as no direction could be issued looking to the applicant's conduct.

What did the court decide?

None. Prayer for expediting the trial was rejected.

Jay Nath Adiwasi vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:142196

¶2

Court No. - 64

¶3

Case :- APPLICATION U/S 483 No. - 1530 of 2024

¶4

Applicant :- Jay Nath Adiwasi Opposite Party :- State of U.P. Counsel for Applicant :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey Counsel for Opposite Party :- G.A.

¶5

Hon'ble Samit Gopal,J.

¶6

Heard Sri Parvesh Kumar Pandey, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the record.

¶7

The present application U/s 482 Cr.P.C. has been filed by the applicant Jay Nath Adiwasi with the prayers to allow this application and direct to the learned Additional District and Sessions Judge/Special Judge (Prevention and Corruption Act), Court No.2, Varanasi to decide the Special Sessions Trial No. 1312 of 2022 (State Vs. Jainath Kaul) pending in the court of Additional District and Sessions Judge/Special Judge (Prevention and Corruption Act), Court No.2, Varanasi, arising out of case crime no. 168 of 2013, under Sections 419, 420, 504, 506 IPC and Sections 7, 13 of the Prevention of Corruption Act, 1988, Police Station Lalganj, District Mirzapur, expeditiously, within the certain stipulated time as fixed by this Hon'ble Court.

¶8

Learned counsel for the applicant submits that the FIR of the present matter was lodged in the year 2013 subsequent to which charge has been framed on 04.11.2023. He submits that appropriate orders be passed directing the trial court to decide the trial expeditiously within stipulated time.

¶9

Learned counsel for the State opposed the prayer as aforesaid.

¶10

The petition only encloses the order dated 04.01.2023 framing of charge against the applicant (annexure 1 to the affidavit) and the order sheet of the trial court from 01.12.2023 to 20.06.2024 and no other documents. Perusal of the order sheet of the trial court which is annexure 2 goes to show that out of nine dates fixed in the matter from 01.12.2023 to 20.06.2024 on eight dates application for personal exemption was filed by the accused-applicant which

¶11

was allowed by the trial court. On one date i.e. 18.05.2024 the bail bonds were produced subsequent to verification which were accepted. Thus the order sheet goes to show that out of nine dates on eight dates, the accused absented himself and filed application for adjournment.

¶12

In view of the facts of the case, the delay in trial is only on account of accused-applicant and for no other reason, learned counsel for the applicant still submits that appropriate order be passed to allowing the petition. It is impossible to issue a direction looking to the conduct of the applicant.

¶13

The petition stands dismissed .

¶14

Office to communicate this order to the concerned trial court within two weeks.

¶15

Order Date :- 3.9.2024 M. ARIF

¶16

(Samit Gopal, J.)

¶17

Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Jay Nath Adiwasi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jay Nath Adiwasi v. State of U.P.

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

Ram Prasad and 2 Others vs Central Bureau of Nvestigation

Mohammad Shahid vs State of U.P.

Subhan Ali vs Union of India and 2 Others

Minor X vs State of U.P. and 3 Others

Anupam Pandey vs State of Up and Another

Natthu Lal and 3 Others vs State of Up and Another