Application under Section 483 Cr.P.C. for directions to expedite trial proceedings of a pending complaint case was dismissed as no exceptional grounds were made out, relying on Supreme Court jurisprudence.
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Neutral Citation No. - 2024:AHC:146366
Court No. - 81
Case :- APPLICATION U/S 483 No. - 685 of 2024
Applicant :- M/S Prathvi Construction Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Kumar Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
M/S Prathvi Construction-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 Complaint Case No.7608 of 2021 (M/s Prathvi Construction Vs M/s H.T.O. Construction), under sections 420, 406 I.P.C., Police Station Indrapuram, District- Ghaziabad, within stipulated period.
Concededly, the accused appeared before the trial Court on 18.7.2023 and pre-charge evidence under section 244 Cr.P.C. is being adduced by complainant, thus, no exceptional ground is made out for issuing the directions for expeditious disposal of the trial, in view of the decision of Hon'ble Supreme Court in Shaikh Uzma Feroz Hussain Vs. The State of Maharashtra, MANU/ SCOR/ 145020/ 2023.
The application fails and is hereby dismissed.
Order Date :- 9.9.2024 Shiv
Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the court should issue directions to expedite trial proceedings of a pending complaint case?
Whether exceptional grounds exist for issuing directions for expeditious disposal of the trial?
Colour shows how this judgement treated each authority
Shaikh Uzma Feroz Hussain Vs. The State of MaharashtraRelied on¶7
Shaikh Uzma Feroz Hussain Vs. The State of Maharashtra, MANU/ SCOR/ 145020/ 2023.
1 provisions across 1 enactments
M/S Prathvi Construction
State of U.P. and Another
Manoj Bajaj
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
