Disposed¶12

Om Prakash Alias Om Prakash Yadav v. Addl. Session Judge IVth Distt. Raibareli and Another

Allahabad HC5 May 2025A227/1988/2025

Case brief

AI extract

What is this about?

Article 227 petition; speedy disposal of pending complaint case; delay in trial since 2012; witness absence and adjournments without steps for appearance; report called from trial court through Senior Registrar/District Judge; trial court undertaking to conclude trial within four months; Allahabad High Court Lucknow Bench; Rajnish Kumar, J.; Raebareli; Complaint Case No. 1524 of 2012; Section 307 IPC; Section 304 IPC; decided 05.05.2025.

What did the court decide?

Petition disposed of in terms of the statement in the report dated 19.04.2025, i.e., acceptance of the trial court's undertaking to dispose of the trial within four months ensuring presence of witnesses. ¶12

Om Prakash Alias Om Prakash Yadav Vs Addl… — Murder and Culpable Homicide | Allahabad HC (2025)

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Court No. - 11

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Case :- MATTERS UNDER ARTICLE 227 No. - 1988 of 2025

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Petitioner :- Om Prakash Alias Om Prakash Yadav Respondent :- Addl. Session Judge Ivth Distt. Raibareli And Another Counsel for Petitioner :- Pankaj Kumar Tiwari

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Hon'ble Rajnish Kumar,J.

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Heard.

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This Court had passed the following order on 10.04.2025:-

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"Shri Pankaj Kumar Tiwari, learned counsel for the petitioner submits that the petitioner had filed a complaint under Section 307 IPC at PS Salon, DistrictRaebareli, on which the cognizance was taken and summon was issued under Section 304 IPC on 4.4.2013. The trial of the Complaint Case No. 1524 of 2012 is pending in the court of Judicial Magistrate-II, Raebareli and till date, the same has not been disposed of.

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Perusal of the copy of the certain order-sheet filed by the petitioner indicates that on 14.11.2024, the cross examination of PW-1, Om Prakash was concluded. Thereafter, the witness Ram Naresh was summoned. Thereafter on 17.12.2024, 3.2.2025 and 10.3.2025, the court concerned fixed the dates, but the case was adjourned on the ground that the witness was not present without taking any measures for appearance of the witness.

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In view of above, let a report be called from the court concerned by the Senior Registrar of this Court as to why the trial of the complaint case filed in the year 2012 is pending till now and why the court is not taking appropriate steps for ensuring the presence of the witnesses and how much more time the concerned court will take to decide the complaint case. The report shall be called through District Judge concerned before the next date.

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List on 05.05.2025 as fresh."

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In deference to the aforesaid order, the Special Judge(E.C.Act)/IV^th Additional Session Judge,Raebareily has sent a report dated 19.04.2025, intimating therein the dates fixed by the Court for evidence and also that the evidence of PW 1 has been recorded. The case is now fixed on 14.05.2025. It has further been intimated that he has assumed the charge of the office on 09.04.2025 and the disposal of the trial shall be done within a period of four months ensuring the presence of the witnesses as early as possible and prayed for further four months time to dispose of the trial.

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In view of above, the petition is disposed of in terms of the statement in report dated 19.04.2025.

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Order Date :- 5.5.2025/Akanksha Sri/-

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

Om Prakash Alias Om Prakash Yadav v. Addl. Session Judge IVth Distt. Raibareli and Another

Case brief

What is this about?

What did the court decide?

Om Prakash Alias Om Prakash Yadav v. Addl. Session Judge IVth Distt. Raibareli and Another

Case brief

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