Kamal Singh vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

Kamal Singh vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) trial court to take effective steps for framing of charge against accused-opposite party nos. 2 to 7 within two months; (ii) after framing of charge, all endeavours for expeditious disposal of Case No. 682 of 2018 if there is no legal impediment; (iii) all stake holders (police, execution authorities, advocates, parties, staff) bound to assist the Court.

Issue for consideration

Whether the learned trial court should be directed to decide Case No. 682 of 2018 (State Vs. Rinku and others), arising out of Case Crime No. 624 of 2017, pending before the Chief Judicial Magistrate, Moradabad, expeditiously within a stipulated period, including by framing of charge against accused-opposite party nos. 2 to 7. +1 more

Court's answer

The learned trial court is directed to take effective steps for framing of charge of the accused-opposite party nos. 2 to 7 within a period of two months, and thereafter, after framing of the charge, to make all endeavours for expeditious disposal of Case No. 682 of 2018 if there is no legal impediment.

Ratio / Principle

The Court/Presiding Officer is not the only stake holder in trial and disposal of a case; besides the P.O. concerned, all stake holders i.e. police and execution authorities, advocates, parties to the case and staff are made bound by the order to assist the Court in every manner for expeditious disposal of the case.

Key takeaways

Criminal courts are never toothless or powerless to ensure compliance of their own orders; they have ample powers in the law itself, and the trial court is expected to invoke its power to ensure service of process upon the accused persons to procure their presence.obiter¶10

Detailed headnote1 paragraphs

Criminal procedure — Application under Section 483 Cr.P.C. seeking expeditious trial — Case No. 682 of 2018 (State Vs. Rinku and others), arising out of Case Crime No. 624 of 2017, under Sections 147, 323, 504, 506 I.P.C., Police Station Majhola, District Moradabad, pending before Chief Judicial Magistrate, Moradabad — F.I.R. of 2017, charge sheet of 2021, case stalled at framing of charge; one accused absconding despite non-bailable warrant — Held: criminal courts are never toothless or powerless and have ample powers to ensure compliance of their orders; trial court directed to take effective steps for framing of charge against accused-opposite party nos. 2 to 7 within two months and thereafter to expedite trial if no legal impediment — besides the Presiding Officer, police, execution authorities, advocates, parties and staff made bound to assist the Court — Application disposed of (Nalin Kumar Srivastava, J., Order dated 2.4.2025).

Neutral Citation No. - 2025:AHC:45909

Court No. - 80

Case :- APPLICATION U/S 483 No. - 210 of 2025

Applicant :- Kamal Singh Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Shashi Kant Pandey 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 learned trial court to decide the Case No. 682 of 2018 (State Vs. Rinku and others) arising out of Case Crime No. 624 of 2017, under Sections 147, 323, 504, 506 I.P.C., Police Station Majhola, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad, expeditiously within a 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 applicant that in the instant case an F.I.R. was lodged in the year 2017 and after submission of charge sheet in the year 2021, the matter is pending at the stage of framing of charge of the accused-opposite party nos. 2 to 7 and the learned trial court is not taking any steps for framing of charge and for expeditious disposal of the case.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record. From perusal of the record, it appears that one of the accused persons is absconding and now non-bailable warrant has been issued against him but he is not appearing in the court. It is reminded that the criminal courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused.

In the facts and circumstances of the case, the learned trial court

is directed to take effective steps for framing of charge of the accused-opposite party nos. 2 to 7 within a period of two months from today and subsequently after framing of the charge to make all the endeavours for expeditious disposal of the Case No. 682 of 2018 (State Vs. Rinku and others) arising out of Case Crime No. 624 of 2017, under Sections 147, 323, 504, 506 I.P.C., Police Station Majhola, District Moradabad, if there is no legal impediment.

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 execution authorities, advocates, parties to the case, staff 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 :- 2.4.2025 Rmk.

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