The High Court directed the trial court to decide a criminal trial under Sections 498-A, 323, 504 IPC and Dowry Prohibition Act within one year, issuing a positive direction to expedite proceedings.
Trial court directed to decide the case within one year from the date of filing the certified copy of this order.
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Neutral Citation No. - 2024:AHC-LKO:26635
Court No. - 27
Case :- APPLICATION U/S 483 No. - 215 of 2024 Applicant :- Smt. Kirti Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Mohd. Saidab Khan,Azad Hasan Idarisi Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Mohd. Saidab Khan, learned counsel for the applicant as well as Sri S.P. Tiwari, learned A.G.A.-I for the State and perused the record.
This application under Section 483 Cr.P.C. has been filed by the applicant seeking a direction to the learned Judicial MagistrateIInd, Sitapur to expedite/conclude the trial and decide the Complaint Case No.4784 of 2021, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Nagar, District Sitapur.
Learned counsel for the applicant submits that a positive direction be given to the trial court to decide the aforesaid case within a stipulated period.
Learned A.G.A.-I has no objection on the prayer made by the learned counsel for the case and submits that a positive direction be given to the trial court to decide the case of the applicant, as merely keeping pending the same by the trial court does not suffice any purpose of the litigation.
In view of the statements made by the learned counsel for the parties, the trial court is directed to decide the aforesaid case expeditiously i.e. within one year, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
With the aforesaid observation, the petition is disposed of finally.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this petition and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 1.4.2024/Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court can direct the trial court to conclude a criminal trial within a stipulated period under Section 483 Cr.P.C.
1 provisions across 1 enactments
Smt. Kirti
State Of U.P.
Shamim Ahmed
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
