Deepak Kumar Soni Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2025)

Deepak Kumar Soni Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction issued to the court concerned (Additional Session Judge, Fast Track-1, Ambedkar Nagar) to conclude Session Trial No. 19 of 2019 expeditiously, preferably within two months from production of certified copy of the order, without unnecessary adjournments; inevitable adjournments to attract heavy cost and be for short dates.

Issue for consideration

Whether the Additional Session Judge, Fast Track-1, Ambedkar Nagar should be directed to expedite the disposal of Session Trial No. 19 of 2019 (State Vs. Govind Yadav & Ors.), pending since 2019 amid repeated adjournments. +1 more

Court's answer

The court concerned (Additional Session Judge, Fast Track-1, Ambedkar Nagar) is directed to decide Session Trial No. 19 of 2019 (State Vs. Govind Yadav & Ors., arising out of Case Crime No. 273 of 2018, Sections 302, 394, 411, 120B I.P.C., P.S. Jalalpur, District Ambedkar Nagar) expeditiously.

Ratio / Principle

The trial is to be concluded expeditiously, preferably within a period of two months from the date of production of certified copy of this order.

Key takeaways

No unnecessary adjournment is to be granted to any party; if an adjournment is inevitable, it is to be subject to heavy cost and fixed for short dates.ratio¶5

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 13 — Rajeev Singh, J. (order dated 4.3.2025; Matter Under Article 227 No. 177 of 2025; Neutral Citation 2025:AHC-LKO:13317). Petitioner Deepak Kumar Soni (counsel: Krishna Kumar Seth, Devdutt Prakhar, Rekha Verma) sought a direction to the Additional Session Judge, Fast Track-1, Ambedkar Nagar to expedite Session Trial No. 19 of 2019 (State Vs. Govind Yadav & Ors.), arising out of FIR Case Crime No. 273 of 2018 registered on 19.11.2018 under Sections 302, 394, 411, 120B I.P.C., P.S. Jalalpur, District Ambedkar Nagar, the trial having remained pending since 2019 amid repeated adjournments despite the Section 309 Cr.P.C. obligation; learned A.G.A. raised no objection. The High Court directed the court concerned to decide the trial expeditiously, preferably within two months from production of certified copy of the order, without granting unnecessary adjournments to any party, any inevitable adjournment being subject to heavy cost and confined to short dates. The application was finally disposed of accordingly.

Neutral Citation No. - 2025:AHC-LKO:13317

Court No. - 13

Case :- MATTERS UNDER ARTICLE 227 No. - 177 of 2025

Petitioner :- Deepak Kumar Soni Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Petitioner :- Krishna Kumar Seth,Devdutt Prakhar,Rekha Verma Counsel for Respondent :- G.A.

Hon'ble Rajeev Singh,J.

Heard learned counsel for petitioner, learned A.G.A. and perused the record.

This petition has been filed for directing Additional Session Judge, Fast Track-1, Ambedkar Nagar to expedite the disposal of the Session Trial No. 19 of 2019, State Vs. Govind Yadav & Ors. arising out of Case Crime No. 273 of 2018, under Sections 302, 394, 411, 120B I.P.C., P.S. Jalalpur, District Ambedkar Nagar.

Learned counsel for the petitioner submits that on the written complaint of the petitioner F.I.R. bearing Case Crime No. 273 of 2018 was registered on 19.11.2018. It is further submitted that the trial of the case is pending since 2019 and only adjournments are being given on one pretext or the other. Learned counsel for the applicant also submits that as per the provisions of Section 309 Cr.P.C., it is obligatory on the part of the court below to conclude the proceedings and no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party. Submission of the learned counsel for the applicant is that since the matter is pending before the court below since 2019, the court below may be directed to expedite the proceeding of the aforesaid case.

Learned A.G.A. has no objection to the prayer for expeditious disposal of the aforesaid case.

In view of above, the court concerned is directed to

decide Session Trial No. 19 of 2019, State Vs. Govind Yadav & Ors. arising out of Case Crime No. 273 of 2018, under Sections 302, 394, 411, 120B I.P.C., P.S. Jalalpur, District Ambedkar Nagar, expeditiously preferably within a period of two months from the date of production of certified copy of this order, without granting any unnecessary adjournment to any party, and if adjournment is inevitable that may be subject to heavy cost and for short dates.

With the aforesaid observation/direction, this application is finally disposed of.

Order Date :- 4.3.2025 VKS

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench