Disposed

Shri Pramod Kumar Ojha v. State of U.P. and Another

Allahabad HC16 Jul 2024A483/631/2024

Case brief

AI extract

What is this about?

This court disposed of an application under Section 483 CrPC seeking directions to expedite a trial. Finding no live issue survived after the High Court limited the lower court's mandate, the court granted liberty to pursue remedies before the trial court and disposed of the application.

What did the court decide?

Application stood disposed; liberty granted to applicant to pursue remedy before trial court.

Shri Pramod Kumar Ojha vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:113617

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Court No. - 81

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Case :- APPLICATION U/S 483 No. - 631 of 2024

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Applicant :- Shri Pramod Kumar Ojha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shankar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Manoj Bajaj,J.

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Shri Pramod Kumar Ojha-Applicant has approached this Court through this application under Section 483 Code of Criminal Procedure for issuance of directions to the trial court to expedite the trial proceedings of Session Trial No.683 of 2018 (State vs. Mohd. Yunus) arising out of Case Crime No.468 of 2018, under sections 302, 34 & 120-B I.P.C., Police Station Meja, DistrictAllahabad within a specific time frame.

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On 4.6.2024, the following order was passed :-

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"It is submitted by the learned counsel for the applicant that the matter is still pending at the stage of appearance and long dates have been fixed on the application moved by the applicant to separate the matter of the accused, who is absconding but the Court concerned did not take any interest to pass any order on such application.

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Since the matter is pending at the stage of appearance and the trial Court is making sincere efforts to procure the appearance of the absconding accused no direction for expeditious disposal of the trial should be given in such case but however the trial Court may consider the application, if any, moved by the applicant/ informant before it to separate the case of the accused, who is absconding.

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It is clarified that nothing is on record in writing to show that any application to separate the trial of the absconding accused has been moved before the trial Court and it is only an oral submission made by the learned counsel for the applicant/ informant.

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Put up this case as fresh on 16.7.2024."

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In view of the above order, no live issue survives in the application for adjudication. However, liberty is granted to the applicant to pursue his remedy before the trial Court.

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With the aforesaid observations, the application stands disposed of.

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Order Date :- 16.7.2024 Shiv

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Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad

Shri Pramod Kumar Ojha v. State of U.P. and Another

Case brief

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Shri Pramod Kumar Ojha v. State of U.P. and Another

Case brief

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