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

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

What the court decided

AI extract

Outcome

Direction issued to the trial court (Additional Chief Judicial Magistrate, Court No. 12, Azamgarh) to secure witness attendance through appropriate process, expedite disposal of Case No. 1396 of 2020 if possible within two months of production of a certified copy of the order, refrain from granting/entertaining unnecessary adjournments, and bind all stakeholders to assist in expeditious disposal.

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Section 483 Cr.P.C., should direct the trial court to decide Case No. 1396 of 2020 (State Vs. Afgan), pending since 2020, expeditiously within a stipulated period.

Court's answer

The court concerned is directed to invoke the powers available to it under the law to ensure the presence of witnesses by sending appropriate process as early as possible and to make all endeavours for expeditious disposal of the case.

Ratio / Principle

Expedited disposal is to be achieved, if possible, within two months from the date of production of a certified copy of the order before the trial court, provided there is no legal impediment.

Key takeaways

No unnecessary adjournment is to be sought or granted in the trial.ratio¶11
Besides the Presiding Officer, all stakeholders in the trial — police and executive authorities, counsels, parties to the case, staff etc. — are made bound by the order to assist the Court in every manner for expeditious disposal.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 483 Cr.P.C. filed by Afgan, accused in Case No. 1396 of 2020 (State Vs. Afgan) under Section 174-A IPC, arising out of case crime no. 226 of 2018, Police Station Jiyanpur, District Azamgarh, pending before the Additional Chief Judicial Magistrate, Court No. 12, Azamgarh. Noting from the order sheets that charges were framed in 2018 and the case had since languished at the evidence stage, the Court directed the trial court to invoke its statutory powers to ensure witness presence by sending appropriate process, to strive for disposal if possible within two months of production of a certified copy of the order absent legal impediment, barred unnecessary adjournments, and declared police, executive authorities, counsel, parties and staff equally bound to assist in expeditious disposal. Neutral Citation: 2025:AHC:14083; Order Date: 27.1.2025.

Neutral Citation No. - 2025:AHC:14083

Court No. - 82

Case :- APPLICATION U/S 483 No. - 2411 of 2024

Applicant :- Afgan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shamasul Eslam 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. 1396 of 2020, (State Vs. Afgan) arising out of case crime no. 226 of 2018, under Section 174-A IPC, Police Station Jiyanpur, District Azamgarh pending in the Court of Additional Chief Judicial Magistrate, Court No. 12, Azamgarh 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 applicant that the applicant is the accused in the said case and same is pending since 2020. The Court concerned is not taking proper interest in disposal of the said case. In this case charge has been framed in the year 2018.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

It reveals from the perusal of the order sheets that charges in this matter were framed in the year 2018 and since then the case is pending at the stage of evidence. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the witnesses by sending appropriate process as early as possible and make all endeavours for expeditious disposal of the case and if possible within two months from the date of production of certified copy of this order before it, 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 :- 27.1.2025 Vikram

Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad