Raj Kumar Singh vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Raj Kumar Singh vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to the Court concerned to send appropriate process to procure the presence of accused/opposite party nos. 2 and 3, ensure actual compliance by its office with its own orders within two months of production of the certified copy of the order, and thereafter endeavour for expeditious disposal of the case; all stake holders bound to assist.

Issue for consideration

Whether the trial court should be directed to procure the presence of the non-appearing accused (opposite party nos. 2 and 3) and to conclude the proceedings of Case No. 164 of 2024 (arising out of FIR No. 131 of 2021) expeditiously within a stipulated period.

Court's answer

Since the accused/opposite party nos. 2 and 3 have not appeared, the trial court is expected to invoke its powers under CrPC to ensure service of process upon the accused, sent under its seal and order, to procure their presence.

Ratio / Principle

The Court concerned is directed to take all possible measures to procure the presence of the accused/opposite party nos. 2 and 3 by sending appropriate process, to ensure the actual compliance by its office with its own orders within two months from production of the certified copy of the order, and thereafter to make all endeavours for expeditious disposal of the case if there is no legal impediment.

Key takeaways

Besides the Presiding Officer, all stake holders (police and executive authorities, counsels, parties, staff etc.) are bound by the order and share responsibility to assist the Court in every manner for expeditious disposal of the case.ratio¶¶10

Detailed headnote1 paragraphs

Criminal Procedure Code, S. 483 – Speeding up trial – Application seeking direction to the Chief Judicial Magistrate, Mirzapur to conclude proceedings in Case No. 164 of 2024 (FIR No. 131 of 2021, Ss. 419, 420, 467, 468, 471, 504, 506 IPC, PS Kotwali Katra) expeditiously – Accused/opposite party nos. 2 and 3 yet to appear – Trial court directed to invoke its CrPC powers, send appropriate process to procure their presence, ensure actual compliance by its office with its orders within two months of production of certified copy, and thereafter expedite disposal absent legal impediment – Presiding Officer, police and executive authorities, counsels, parties and staff all declared bound to assist – Application disposed of (Nalin Kumar Srivastava, J.).

Neutral Citation No. - 2025:AHC:25116

Court No. - 82

Case :- APPLICATION U/S 483 No. - 219 of 2025

Applicant :- Raj Kumar Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Nitin Kumar Tiwari 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 conclude the proceedings of Case No. 164 of 2024 arising out of FIR No. 131 of 2021 under Sections 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Kotwali Katra, District- Mirzapur pending in the Court of Chief Judicial Magistrate, Mirzapur expeditiously within stipulated period.

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

It that the aforesaid case is pending at the stage of appearance of opposite party no.2 and 3. The accused / opposite party no.2 and 3 have not appeared before the Court so far. The trial court is expected to invoke its power provided under CrPC 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 circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 and 3 by sending appropriate process to them and further to ensure the actual compliance by the office of its own orders within 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 expeditious disposal of the case, 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 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 :- 20.2.2025 Fhd

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad