Disposed

Ravindra Kumar Alias Rahul Kumar v. State of U.P. and Another

Allahabad HC2 Apr 2025A483/200/2025

Case brief

AI extract

What is this about?

An accused sought a direction for time-bound disposal of his pending cheating and cyber-crime trial. Relying on a Supreme Court ruling that constitutional courts should ordinarily not fix disposal timelines, the High Court instead directed the magistrate to secure attendance of absconding co-accused within two months and expedite disposal.

What did the court decide?

Application disposed with directions to the trial court to secure co-accused's attendance within two months and endeavour expeditious disposal; no time-bound disposal direction issued.

Ravindra Kumar Alias Rahul Kumar vs State of U.P. and… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:47015

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Court No. - 80

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Case :- APPLICATION U/S 483 No. - 200 of 2025

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Applicant :- Ravindra Kumar Alias Rahul Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Case No.6168 of 2022 arising out of case crime no.0002 of 2022 under Sections 419, 420, 34 IPC and Section 66D of the Information Technology Act, Police Station Cyber Crime, District Moradabad pending in the Court of Chief Judicial Magistrate, Moradabad, expeditiously within a stipulated period.

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

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It is submitted by the learned counsel for the applicant that the applicant is one of the accused in the aforesaid case and in the said case charge sheet has been filed and the present applicant is appearing before the court regularly but due to non-appearance of co-accused Ravi Saini, the matter is unnecessarily pending and no effective proceedings are going on. It is also submitted that the case is still at the stage of appearance of the co-accused.

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I have considered the submissions and perused the entire record.

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The applicant has made a prayer for expeditious disposal of the aforementioned case in a time bound manner. The Hon'ble Supreme Court in a recent judgement dated 29.2.2024 passed in the case of High Court Bar Association, Allahabad Vs State of U.P and others, (2024)6 SCC 267 has held as under :-

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"Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where

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the cases are pending; and"

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Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the present case at this stage.

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In the circumstances, the court concerned is directed to make all possible efforts and to use its power attributed to it by law to procure the attendance of the accused before the Court within a period of two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for the expeditious disposal of the aforesaid case, if there is no legal impediment.

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It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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.

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With the above observations, the application stands disposed of.

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Order Date :- 2.4.2025 ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Ravindra Kumar Alias Rahul Kumar v. State of U.P. and Another

Case brief

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Ravindra Kumar Alias Rahul Kumar v. State of U.P. and Another

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