Prakash Chandra Dubey v. State of U.P.

Allahabad HC21 Jan 2025A483/2235/2024

Case brief

AI extract

What is this about?

Sec. 483 CrPC application; Allahabad High Court; Prakash Chandra Dubey v. State of U.P.; Case No. 1358 of 2016; N.C.R. No. 54 of 2015; Sections 323, 504, 506 I.P.C.; Police Station Chauri, District Bhadohi; Chief Judicial Magistrate-II BhadohiGyanpur; charge framed 27.09.2016; only two witnesses examined; direction to dispose trial within one year if no legal impediment; all stake holders bound to assist; decided 22.1.2025 by Nalin Kumar Srivastava, J.

What did the court decide?

Direction to the learned trial court (Chief Judicial Magistrate-II, BhadohiGyanpur) to make all endeavours to decide Case No. 1358 of 2016 expeditiously, if possible within one year from production of the certified copy of the order, if there is no legal impediment; all stake holders directed to assist the Court for expeditious disposal. ¶¶13

Prakash Chandra Dubey Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Chief Judicial Magistrate-II, BhadohiGyanpur should be directed to decide the pending Case No. 1358 of 2016 (State Vs. Rajmani and others) expeditiously within a stipulated period.

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Court's answer

The learned trial court is directed to make all endeavours to decide Case No. 1358 of 2016 (State Vs. Rajmani and others) expeditiously, if possible within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.

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Ratio / Principle

Besides the Presiding Officer concerned, all stake holders — police and execution authorities, advocates, parties to the case and staff — are made bound by the order and are responsible to assist the Court in every manner for the expeditious disposal of the case.

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Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nalin Kumar Srivastava, J.) — Application U/S 483 Cr.P.C. No. 2235 of 2024, Prakash Chandra Dubey v. State of U.P., decided 22.1.2025. The applicant sought a direction to the Chief Judicial Magistrate-II, BhadohiGyanpur for expeditious disposal of Case No. 1358 of 2016 (State Vs. Rajmani and others), arising out of N.C.R. No. 54 of 2015, under Sections 323, 504, 506 I.P.C., Police Station Chauri, District Bhadohi — a 2016 case still at the stage of recording of evidence, with only two witnesses examined since charge framing on 27.09.2016. The Court directed the trial court to decide the case expeditiously, if possible within one year from the date of production of the certified copy of the order, if there is no legal impediment, and made clear that besides the Presiding Officer, all stake holders (police and execution authorities, advocates, parties, staff) are bound to assist the Court. Application disposed of.

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Neutral Citation No. - 2025:AHC:11137

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 2235 of 2024

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Applicant :- Prakash Chandra Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Hari Shanker,Sunil Kumar 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 learned Chief Judicial Magistrate-II, BhadohiGyanpur to decide the Case No. 1358 of 2016 (State Vs. Rajmani and others), arising out of N.C.R. No. 54 of 2015, under Sections 323, 504, 506 I.P.C., Police Station Chauri, District Bhadohi, 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 appears from perusal of the record that the said case is pending at the stage of recording of evidence. It is informed by learned counsel for the applicant that after framing of charge on 27.09.2016 only two witnesses have been examined so far. The case is very old pertaining to the year 2016.

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Learned AGA opposed the prayer.

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I have considered the submissions and perused the record.

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In the facts and circumstances of the case, the learned trial court is directed to make all the endeavours to decide the Case No. 1358 of 2016 (State Vs. Rajmani and others), arising out of N.C.R. No. 54 of 2015, under Sections 323, 504, 506 I.P.C., Police Station Chauri, District Bhadohi expeditiously, if possible within a period of one year from the date of production of certified copy of this order, 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 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.

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With the above observations, the application stands disposed of. Order Date :- 22.1.2025 Rmk.

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

Prakash Chandra Dubey v. State of U.P.

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Prakash Chandra Dubey v. State of U.P.

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