Remanded

Phoolshri v. State of U.P. and 5 Others

Allahabad HC19 Mar 2025A482/42148/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the court directed the trial court to submit a report within one month explaining the delay in concluding a trial started in 2013 for offences under Section 302 IPC, invoking Section 309 Cr.P.C.

What did the court decide?

Directing the trial court to submit a report explaining the delay in trial within 30 days.

Phoolshri vs State of U.P. and 5 Others — Murder and Culpable Homicide | Allahabad HC (2025)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 42148 of 2024

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Applicant :- Phoolshri Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Prem Sagar Verma,Rahul Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Prem Sagar Verma, the learned counsel for applicant and the learned A.G.A. for State opposite party-1.

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Perused the record.

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Applicant-Phoolshri, who is first informant, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

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"It is therefore most respectfully prayed that this Hon'ble Court may very kindly be pleased to direct the Trial Court of learned Additional Sessions Judge Court No. Ist, Firozabad to consider and decide the Trial No. 664 of 2013 State of U.P. Vs. Kamlesh and others under Section 302 I.P.C. arising out of Case Crime No. 133 of 2008, Police Station Eka, District Firozabad pending before him as expeditiously as possible preferably within the time stipulated by this Hon'ble Court and/or may pass such other and further order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

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Record shows that the FIR giving rise to present criminal proceedings was lodged by first informant/applicant on 04.07.2008, same was registered as Case Crime No. 133 of 2008, under Sections 147, 148, 149, 302 I.P.C. Police Station Eka, District Firozabad.

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After above-mentioned FIR was lodged, Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter-XII Cr.P.C.

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Upon completion of investigation of concerned case crime number, Investigating Officer submitted the charge sheet/police report dated 17.10.2008 in terms of Section 173(2) Cr.P.C., whereby, and whereunder opposite parties 2 to 6 i.e. Kamlesh, Dinesh, Satyaveer, Anil and Narendra Singh were charge sheeted

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under Sections 147, 148, 149, 302 and 307 I.P.C

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After submission of aforementioned charge sheet/police report, cognizance was taken upon same by the jurisdictional magistrate in exercise of jurisdiction under Section 190(1)(b) Cr.P.C. Since offence complained of is triable exclusively by the Court of sessions, therefore, the jurisdictional magistrate committed the case to the Court of Sessions vide committal order dated 13.11.2013. Concerned Sessions Judge proceeded with the trial and in line with Section 228 Cr.P.C., framed charges against charge sheeted accused vide framing of charge order dated 12.12.2023.

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Learned counsel for applicant submits that there are 16 prosecution witnesses nominated in the charge charge sheet. Upto this stage, only4 prosecution witnesses have deposed before Court below. On the above premise, he, therefore, submits that the trial of accused opposite parties is proceeding at a snail's pace. The trial is of the year 2013 and inspite of the fact that more than 11 years have rolled by the trial has not yet concluded. There is no possibility of the trial getting concluded in near future.

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In view of above, let, a report be submitted by Court below to this Court explaining therein as to why the trial of accused opposite parties 2 to 6 could not be completed even though a period of more than 11 years has rolled by particularly in view of the provision contained in Section 309 Cr.P.C./343 BNSS.

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The requisite report shall be submitted to this Court on or before 21.04.2025.

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Matter shall come up again as fresh on 22.04.2025.

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Order Date :- 19.3.2025 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Phoolshri v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Phoolshri v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

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