Disposed

Mukesh Nath Sinha v. State of U.P. Thru. Prin. Secy. Civil Secy. U.P. Lko. and Others

Allahabad HC18 Sept 2024A483/636/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application seeking expeditious disposal of a pending criminal case. Finding prior orders dated 20.04.2018 and 25.02.2022 already directed summary disposal, it declined to fix a specific new time limit but directed the trial court to conclude proceedings at earliest citing the Hon'ble Apex Court.

What did the court decide?

No specific time limit fixed; directed trial court to conclude proceedings at earliest considering prior court orders.

Mukesh Nath Sinha vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64357

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Court No. - 13

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Case :- APPLICATION U/S 483 No. - 636 of 2024

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Applicant :- Mukesh Nath Sinha Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Secy. U.P. Lko. And Others Counsel for Applicant :- Pranjal Krishna,Aman Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Supplementary affidavit filed in the Court today is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

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The instant application has been preferred for the following main relief:-

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"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass Order / Orders directing the Learned Additional Chief Judicial Magistrate-III, Lucknow to expeditiously adjudicate the Criminal Case No. 8634 of 2017; [State of U.P. versus Shrawan Dwivedi and others), under Sections 406, 419, 420, 467, 468, 471, 120-B, 504 and 506 of the Indian Penal Code, 1860, arising out of Crime No. 418 of 2013 registered at Police Station- Aliganj, District- Lucknow, preferably within a period of 1 year, so as to secure the ends of justice."

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Earlier, the applicant approached this Court by means of an application U/S 482/378/407 No. 2270 of 2018 (Mukesh Nath Sinha vs. State of U.P. and others), which was disposed of by this Court vide order dated 20.04.2018 directing the Special Chief Judicial Magistrate (Custom), Lucknow to decide the Criminal Case No. 8634 of 2017 expeditiously. The order dated 20.04.2018 reads as under:-

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"Heard learned counsel for the petitioner and the learned AGA for the State perused the record.

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The petitioner is the complainant of Criminal Case No.8634/2017, which is pending in the Court of Special Chief Judicial Magistrate (Custom), Lucknow. He has prayed for a direction to the court below for expeditious disposal of the case.

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Without entering into the merits of the case, the petition under Section 482/483 Cr.P.C., is finally disposed of directing the Special Chief Judicial Magistrate (Custom), Lucknow to decide the aforesaid Criminal Case No.8634/2017 pending in his Court as expeditiously as possible, in accordance with law, if there is no legal impediment. "

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After the aforesaid, the applicant again approached this Court by preferring an Application U/S 483 No. 36 of 2022 (Mukesh Nath Sinha vs. State of U.P. and

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others), which was disposed of vide order dated 25.02.2022. The order dated 25.02.2022 reads as under:-

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"Heard learned counsel for the applicant and learned AGA for the Staterespondent.

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This petition u/s 482/483 Cr.P.C. has been filed by the applicant/petitioner with the prayer to issue a direction to the Special C.J.M. (Custom), Lucknow to decide the Criminal Case No.8634 of 2017, "State Vs. Shravan Kumar Dwivedi and others" arising out of Case Crime No. 418 of 2013, u/s 406, 420, 120-B IPC relating to Police Station- Aliganj, District- Lucknow expeditiously without granting any unnecessary adjournment to either of the parties.

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Learned counsel for the applicant submits that earlier the applicant/petitioner has approached this Court by filing application under Section 482 Cr.P.C. being Application U/S 482 No.2270 of 2018. This Court disposed of the said application on 20.4.2018 by following order:-

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"Heard learned counsel for the petitioner and the learned AGA for the State perused the record.

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Learned counsel for the applicant/complainant has also submitted that one of the accused, Mahesh Mishra had filed an application under Section 482 Cr.P.C. being Application U/S No.2740 of 2018 before this Court and this Court disposed of the said application vide order dated 28.10.2021 permitting the accused/applicant to move discharge application under Section 227 Cr.P.C. through counsel taking all pleas and ground as may be available to him within a period of three weeks from the date of the order.

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Learned counsel for the applicant has further submitted that the discharge application moved by the aforesaid accused has also been rejected by the learned trial court and presently case is fixed for framing of charges today i.e. 25.2.2022.

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Since the discharge application of one of the accused, Mahesh Mishra has already been rejected by the learned trial court, so a prayer has been made for expedite disposal of this case.

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In view the above, learned trial court is directed to frame the charge against the accused-opposite parties and proceed for trial and make every endeavour to decide the trial, preferably, within eighteen months from the date a certified copy of this order is produced before it without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.

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In view of the aforesaid terms, the petition u/s 482 is disposed of."

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It is stated that despite the orders of this Court dated 20.04.2018 and 25.02.2022, the examination of informant/applicant could not be completed, though, he is a paralytic patient, as such, under the compelling circumstances, the informant/applicant has again approached this Court by means of the instant applicant seeking main relief, quoted above.

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Considered the aforesaid.

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Upon due consideration of the aforesaid, this Court finds that there are already orders of this Court dated 20.04.2018 and 25.02.2022 for expeditious disposal of the case in issue, as such, without fixing any time limit, as prayed for in above quoted prayer clause, the present application is disposed of with an observation that it is expected that the court concerned shall make all endeavour to conclude the proceedings of the case in issue at the earliest after taking note of the orders passed by this Court dated 20.04.2018 and 25.02.2022, quoted above, and also the observations made by the Hon'ble Apex Court in the judgment(s) passed in the case of Maneka Gandhi Versus Union of India and Another, (1978) 1 SCC 248; Hussainara Khatoon Versus Home Secretary, State of Bihar, (1980) 1 SCC 81; Kadra Pahadiya and Others Versus State of Bihar, (1981) 3 SCC 671 and Ratiram and others vs. State of Madhya Pradesh, (2012) 4 SCC 516 .

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With the aforesaid, the instant application is disposed of .

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Order Date :- 18.9.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Mukesh Nath Sinha v. State of U.P. Thru. Prin. Secy. Civil Secy. U.P. Lko. and Others

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Mukesh Nath Sinha v. State of U.P. Thru. Prin. Secy. Civil Secy. U.P. Lko. and Others

Case brief

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