Disposed¶12

Arpit v. State of U.P. and Another

Allahabad HC20 Jan 2025A483/2493/2024

Case brief

AI extract

What is this about?

Section 483 CrPC application for expeditious disposal of pending criminal trial; expedite trial direction; one-year timeline; trial court direction; Special Chief Judicial Magistrate Kanpur Nagar; Case No.76421 of 2021; case crime no.1052 of 2020; Sections 498-A 323 504 506 IPC; Police Station Naubasta; cognizance 15.6.2021; charge framed; two prosecution witnesses; applicant Arpit; State of U.P.; Shikher Trivedi counsel; Nalin Kumar Srivastava J.; High Court Judicature Allahabad; 2025:AHC:11824; 20.1.2025.

What did the court decide?

Direction to the Special Chief Judicial Magistrate, Kanpur Nagar to expedite disposal of Case No.76421 of 2021 (State Vs. Arpit), preferably within one year from the date of production of certified copy of the order, if there is no legal impediment; all stake holders bound to assist the Court. ¶12

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the Special Chief Judicial Magistrate, Kanpur Nagar to decide Case No.76421 of 2021 (State Vs. Arpit) arising out of case crime no.1052 of 2020 expeditiously within a stipulated period.

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Court's answer

The Court concerned is directed to make all endeavours for the expeditious disposal of Case No.76421 of 2021, preferably 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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Ratio / Principle

Besides the Presiding Officer, all other stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also bound by this order and responsible to assist the Court in every manner for the expeditious disposal of the case.

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Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.), Application U/S 483 No. 2493 of 2024, decided 20.1.2025 (Neutral Citation 2025:AHC:11824): Applicant Arpit, accused in pending trial Case No.76421 of 2021 (State Vs. Arpit) arising out of case crime no.1052 of 2020 under Sections 498-A, 323, 504, 506 IPC, Police Station Naubasta, District Kanpur Nagar, sought direction to the Special Chief Judicial Magistrate, Kanpur Nagar for expeditious disposal. Counsel submitted cognizance was taken on 15.6.2021, charge framed, and only two prosecution witnesses examined, delay not attributable to delaying tactics by the accused. The Judge directed the Court concerned to make all endeavours for expeditious disposal, preferably within one year from production of certified copy of the order, if there is no legal impediment, and declared all stake holders (Presiding Officer, police and executive authorities, counsels, parties, staff) equally bound to assist. Application disposed of.

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Neutral Citation No. - 2025:AHC:11824

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 2493 of 2024

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Applicant :- Arpit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shikher Trivedi 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 Special Chief Judicial Magistrate, Kanpur Nagar to decide the Case No.76421 of 2021 (State Vs. Arpit) arising out of case crime no.1052 of 2020, under Sections 498-A, 323, 504, 506 IPC, Police Station Naubasta, District Kanpur Nagar pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar, 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 is submitted by the learned counsel for the applicant that the applicant is the accused in this case. It is a police challani case. Cognizance in this case was taken on 15.6.2021 and after framing of the charge, till date only two prosecution witnesses have been examined. Delay in trial is not on account of any delaying tactics of the accused / applicant. He is running to the court on each and every date.

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I have considered the submissions and perused the entire record.

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In the circumstances, the Court concerned is directed to make all endeavours for the expeditious disposal of the aforesaid case, preferably 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 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.

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With the above observations, the application stands disposed of.

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Order Date :- 20.1.2025 ss

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

Arpit v. State of U.P. and Another

Case brief

What is this about?

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Arpit v. State of U.P. and Another

Case brief

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