Vijay Narayan Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vijay Narayan Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the court below (Judicial Magistrate II, Bareilly) to conclude the trial of Case No. 3586 of 2023 (Old No.512 of 1993), arising out of Case Crime No.234 of 1992 under Section 354 I.P.C., in accordance with law, as expeditiously as possible, without granting unnecessary or long adjournments to either of the parties, preferably within one year from production of a certified copy of this order, if there is no other legal impediment.

Issue for consideration

Whether the court below should be directed to decide/conclude the pending trial of Case No. 3586 of 2023 (Old No.512 of 1993), arising out of Case Crime No.234 of 1992, expeditiously without unnecessary adjournments. +1 more

Court's answer

Considering the report of the court concerned, and expressly without expressing any opinion on the merits of the case, the Court finally disposed of the application with a direction to the court below to conclude the trial of the aforesaid case in accordance with law, as expeditiously as possible, without granting unnecessary or long adjournments to either of the parties.

Ratio / Principle

The court below is to conclude the aforesaid trial preferably within one year from the date of production of a certified copy of this order, if there is no other legal impediment.

Detailed headnote1 paragraphs

A criminal trial pending since 1993 — Case No. 3586 of 2023 (Old No.512 of 1993), arising out of Case Crime No.234 of 1992 (State Vs. Vijay Narayan) under Section 354 I.P.C., P.S. Cantt, District Bareilly, before the Judicial Magistrate II, Bareilly — remained unconcluded despite the Allahabad High Court's order dated 19.07.2022 (disposing of the applicant's earlier Application U/S 482 No. 7077 of 2022) which had directed completion of the case within one year. On the applicant Vijay Narayan's fresh Section 482 Cr.P.C. application (No. 41678 of 2024), the Court called for a report (order dated 12.12.2024), which recorded that two prosecution witnesses had been examined. Without expressing any opinion on the merits, the High Court (Deepak Verma, J.) again disposed of the application, directing the court below to conclude the trial in accordance with law, as expeditiously as possible, without granting unnecessary or long adjournments to either party, preferably within one year from production of a certified copy of the order, if there is no other legal impediment.

Neutral Citation No. - 2025:AHC:131085

Court No. - 72

Case :- APPLICATION U/S 482 No. - 41678 of 2024 Applicant :- Vijay Narayan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Case No. 3586 of 2023 (Old No.512 of 1993) arising out of Case Crime No.234 of 1992 (State Vs. Vijay Narayan) under Section 354 I.P.C., P.S. Cantt, District Bareilly, pending before the Judicial Magistrate II, Bareilly.

Learned counsel for the applicant submitted that earlier applicant filed Application under Section 482 No. 7077 of 2022 before this Court and the Coordinate Bench of this Court vide order dated 19.07.2022 has passed following order:

"Considering the fact that the trial has remained pending since 1993, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment."

The trial court could not conclude the trial within the specified period given in the aforesaid order then present application has been filed. Vide order dated 12.12.2024, a report was called for from the concerned court with regard to non conclusion of the proceedings pursuant to the order dated 19.07.2022. A report has been received from the concerned court which is on record. From the report, it is apparent that the court concerned is examining the prosecution witnesses and two prosecution witnesses have been examined.

Considering the report of the court concerned and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to conclude the trial of the aforesaid case, in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment.

Order Date :- 5.8.2025/Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad