Disposed¶9

Nasir Quraishi v. State of U.P. and 11 Others

Allahabad HC8 Jan 2025A483/1259/2024

Case brief

AI extract

What is this about?

Application U/S 483 Cr.P.C.; expeditious disposal; speedy trial; framing of charges; non-appearance of accused; repeated adjournments; Chief Judicial Magistrate Bhadohi Gyanpur; Criminal Case No. 18194 of 2022; State Vs. Azaz Ahmad & others; Case Crime No. 111 of 2022; Police Station Bhadohi; Sections 147, 148, 323, 504, 506, 354, 427, 392 IPC; applicant Nasir Quraishi; counsel Zeeshan Mazhar; Nalin Kumar Srivastava; Allahabad High Court; 2025:AHC:4077; order dated 8.1.2025.

What did the court decide?

Directions issued to the trial court (Chief Judicial Magistrate, Bhadohi, Gyanpur) to ensure presence of accused-opposite party nos. 2 to 12 on one date, frame charges in accordance with law, and conclude the trial within six months without unnecessary adjournments; the application U/S 483 Cr.P.C. was accordingly disposed of. ¶9

Nasir Quraishi vs State of U.P. and 11 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial court should be directed to expedite Criminal Case No. 18194 of 2022 pending before the Chief Judicial Magistrate, Bhadohi, Gyanpur — ensuring the presence of accused-opposite party nos. 2 to 12, framing of charges, and conclusion of the trial within six months — given repeated adjournments caused by the non-appearance of the accused.

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Court's answer

The learned trial court is directed to ensure the presence of all the accused-opposite party nos. 2 to 12 on one date and to frame charges against them in accordance with law.

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Ratio / Principle

The trial court shall conclude the proceedings of the trial within a period of six months from the date of this order, without granting any unnecessary adjournment to either of the parties.

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Detailed headnote1 paragraphs

Criminal Miscellaneous — Application under Section 483 Cr.P.C. for expeditious disposal of trial — Criminal Case No. 18194 of 2022 (State Vs. Azaz Ahmad & others) under Sections 147, 148, 323, 504, 506 and 427 I.P.C., arising out of Case Crime No. 111 of 2022, P.S. Bhadohi, pending before the Chief Judicial Magistrate, Bhadohi, Gyanpur — cognizance taken on 01.12.2022 against accused-opposite party nos. 2 to 12, who failed to appear on successive dates with the result that charges remained unframed — HELD: trial court directed to ensure the presence of all accused on one date, frame charges in accordance with law, and conclude the trial within six months without granting unnecessary adjournments to either side — Application disposed of. (Allahabad High Court, Court No. 82, Nalin Kumar Srivastava, J.; Order dated 8.1.2025; Neutral Citation 2025:AHC:4077)

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Neutral Citation No. - 2025:AHC:4077

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 1259 of 2024 Applicant :- Nasir Quraishi Opposite Party :- State Of U.P. And 11 Others Counsel for Applicant :- Zeeshan Mazhar Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 483 Cr.P.C. has been moved for expeditious disposal of Criminal Case No. 18194 of 2022 (State Vs. Azaz Ahmad & others), under Sections 147, 148, 323, 504, 506 and 427 I.P.C. arising out of Case Crime No. 111 of 2022, under Sections 147, 148, 323, 504, 506, 354, 427 and 392 I.P.C., Police Station Bhadohi, District Bhadohi, pending before the Chief Judicial Magistrate, Bhadohi, Gyanpur.

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It is submitted by learned counsel for the applicant that in the present case charge sheet was submitted against the accusedopposite party nos. 2 to 12 and cognizance was taken by the learned Chief Judicial Magistrate, Bhadohi, Gyanpur on 01.12.2022. It is further submitted that several dates were fixed but the accused-opposite party nos. 2 to 12 did not appear before the trial court and the case is being repeatedly adjourned on account of non-presence of accused-opposite party nos. 2 to 12 and charges have not yet been framed against them. In support of his contention, copy of order sheet has been annexed as Annexure-3 with the affidavit showing non-appearance of all the accused persons before the trial court.

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In view of the facts and circumstances of the case, the learned trial court is directed to ensure the presence of all the accusedopposite party nos. 2 to 12 on one date and frame charges against them in accordance with law and conclude the proceedings of the trial within a period of six months from today without granting any unnecessary adjournment to either of the parties.

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Accordingly, the application U/S 483 Cr.P.C. is disposed of .

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Order Date :- 8.1.2025 Rmk.

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Nasir Quraishi v. State of U.P. and 11 Others

Case brief

What is this about?

What did the court decide?

Nasir Quraishi v. State of U.P. and 11 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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