Disposed¶11

Nidhi v. State of U.P. and 2 Others

Allahabad HC20 Jan 2025A483/2446/2024

Case brief

AI extract

What is this about?

Allahabad High Court; Section 483 Cr.P.C.; speedy trial / expedition; delay in framing of charge; discharge application pending since 18.4.2023; Criminal Case No. 6052 of 2023; case crime no. 5 of 2020; State of U.P. Vs. Sushila and 10 others; Sections 434, 447 IPC; Prevention of the loss of Public Property Act; P.S. Kotwali, District Mau; Chief Judicial Magistrate Mau; one-month timeline to decide discharge application; restraint on adjournments; exemption applications by accused; Neutral Citation 2025:AHC:13489.

What did the court decide?

Application disposed of with directions: applicant to appear personally before the trial court; discharge application to be heard and decided within one month of production of certified copy of the order; trial thereafter to be expedited without undue adjournments to either side, subject to no legal impediment.

Nidhi Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial in Criminal Case No. 6052 of 2023 and the applicant's pending discharge application should be heard and decided expeditiously within a stipulated time.

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Court's answer

The applicant was directed to appear before the trial court personally, and the trial court was directed to conduct a hearing on the discharge application moved by the applicant.

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Ratio / Principle

The trial court was directed to decide the discharge application within a period of one month from the date of production of certified copy of the High Court's order.

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Key takeaways

Thereafter, the court concerned was directed to make all endeavour to decide Criminal Case No. 6052 of 2023 expeditiously in accordance with law, without permitting undue adjournments to either side, provided there is no legal impediment.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.; Order dated 21.01.2025; Neutral Citation 2025:AHC:13489) disposed of an application under Section 483 Cr.P.C. by an accused in Criminal Case No. 6052 of 2023 (arising out of case crime no. 5 of 2020, State of U.P. Vs. Sushila and 10 others, under Sections 434, 447 IPC and 3/4 Prevention of the loss of Public Property Act, P.S. Kotwali, District Mau) pending before the Chief Judicial Magistrate, Mau, seeking expedition of trial. The discharge application had been pending since 18.4.2023 while the accused persons repeatedly sought adjournments and exemptions. The Court directed the applicant to appear personally, directed the trial court to hear and decide the discharge application within one month from production of certified copy of the order, and thereafter to expedite the trial without permitting undue adjournments to either side, if there is no legal impediment.

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Neutral Citation No. - 2025:AHC:13489

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 2446 of 2024

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Applicant :- Nidhi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ram Bilas Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This Application under Section 483 Cr.P.C. has been filed by the applicant, who is accused in the case, with a prayer to expedite / decide the trial of Criminal Case No.6052 of 2023 arising out of case crime no.5 of 2020 (State of U.P. Vs. Sushila and 10 others) under Sections 434, 447 IPC and 3/4 Prevention of the loss of Public Property Act, P.S. Kotwali, District Mau pending in the Court of Chief Judicial Magistrate, Mau, expeditiously within stipulated time.

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Learned counsel for the applicant states that certified copy of the ordersheet is filed which reveals that the case is pending at the stage of framing of the charge and a discharge application has been moved by the applicant which is pending since 18.4.2023.

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It appears from the perusal of the ordersheet that both the accused persons are continuously moving exemption application. The accused persons delayed the disposal of application on one or other ground by seeking adjournment or exemption from appearance, however, no order has been passed on discharge application till date.

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In the circumstances, the applicant is directed to appear before the court concerned personally and the trial court is directed to make a hearing on the discharge application moved by the applicant and decide the said application within a period of one month from the date of production of certified copy of this order and thereafter the court concerned shall make all endeavour to decide the aforesaid case expeditiously in accordance with law, without permitting undue adjournments to either side, if there is no legal impediment.

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With this direction, this application is disposed of.

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Order Date :- 21.1.2025 ss

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

Nidhi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Nidhi v. State of U.P. and 2 Others

Case brief

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