Naseem and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Naseem and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions to the trial court (ACJM, Court No. 7, Ghaziabad): obtain death report in respect of accused reported expired within one month from production of certified copy of the order, make all endeavours for expeditious disposal of the case within one year if there is no legal impediment, and grant/allow no unnecessary adjournments; police and executive authorities, counsel, parties, staff etc. bound to assist the Court for expeditious disposal.

Issue for consideration

Whether the High Court should direct the court concerned (Additional Chief Judicial Magistrate, Court No. 7, Ghaziabad) to decide the pending trial of Case No. 1909 of 2012 (arising out of case crime no. 327 of 2012, Sections 147, 323, 504, 506 IPC, Police Station Kotwali, District Ghaziabad) expeditiously within a stipulated period.

Court's answer

On perusal of the order sheets, the court found that no prosecution witness had been examined so far, the case was pending at the stage of evidence, the death report in respect of accused said to have expired was not on record, and simply dates were being fixed in the matter.

Ratio / Principle

The court concerned is directed to obtain the death report in respect of the accused who are said to have expired within one month from the date of production of the certified copy of this order before it.

Key takeaways

Thereafter all endeavours shall be made by the court concerned for expeditious disposal of the case within one year, if there is no legal impediment, and no unnecessary adjournment will be sought/granted.ratio¶¶12
The Court/Presiding Officer is not the only stake holder in trial and disposal of a case; all stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it is their responsibility to assist the Court in every manner for expeditious disposal of the case.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nalin Kumar Srivastava, J.; Order dated 21.1.2025) disposed of an application under Section 483 Cr.P.C. by applicants Naseem and three others seeking expeditious disposal of Case No. 1909 of 2012 (arising out of case crime no. 327 of 2012, under Sections 147, 323, 504, 506 IPC, Police Station Kotwali, District Ghaziabad), pending in the Court of Additional Chief Judicial Magistrate, Court No. 7, Ghaziabad. From perusal of the order sheets the court found no prosecution witness had been examined so far, the case was pending at the evidence stage, the death report of accused reported to have expired was not on record, and only dates were being fixed. The court directed the trial court to obtain the death report within one month from production of the certified copy of the order and thereafter to make all endeavours for expeditious disposal of the case within one year, if there is no legal impediment; no unnecessary adjournment was to be sought or granted; and all stake holders (police and executive authorities, counsels, parties, staff etc.) were made bound to assist the Court in every manner for expeditious disposal.

Neutral Citation No. - 2025:AHC:9847

Court No. - 82

Case :- APPLICATION U/S 483 No. - 1606 of 2024

Applicant :- Naseem And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aushim Luthra,Irshad Husain Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Case No.1909 of 2012, arising out of case crime no. 327 of 2012, under Sections 147, 323, 504, 506 IPC, Police Station Kotwali, District Ghaziabad pending in the Court of Additional Chief Judicial Magistrate, Court No.7, Ghaziabad expeditiously within stipulated period.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicants that the applicants are the accused in the said case and same is pending since 2012. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. Charges have been framed in this matter. The Court concerned is also not taking proper interest in disposal of the said trial. It is also submitted that the case is pending at the stage of the evidence of prosecution witnesses.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

It reveals from the perusal of the order sheets that in this matter no prosecution witness has been examined so far and the case is pending at the stage of evidence. Death report in respect of accused who are said to have expired is also not on record and simply dates are being fixed in the matter. In the circumstances, the Court concerned is directed to obtain death report in respect of the accused who are said to have expired within one month from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious

disposal of the case within one year, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.

It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

With the above observations, the application stands disposed of .

Order Date :- 21.1.2025 safi

Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad