Disposed

Kamlesh v. State of U.P. and 4 Others

Allahabad HC20 Jan 2025A483/2494/2024

Case brief

AI extract

What is this about?

Informant sought a direction for expeditious trial of a pending case under Sections 434 and 506 IPC where charge remained unframed since 2022. The High Court directed the trial court to frame charge within two months and restrained adjournments or exemption from appearance to the accused.

What did the court decide?

Trial court directed to frame charge within two months; accused to appear on fixed dates with no normal adjournment/exemption; expedite disposal.

Kamlesh vs State of U.P. and 4 Others — Criminal Trial and Appeal | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:11651

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 2494 of 2024

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Applicant :- Kamlesh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Rajendra 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 court concerned to decide the Criminal Case No.120 of 2023 (State Vs. Shivkant and others) arising out of case crime no.262 of 2022, under Sections 434, 506 IPC, Police Station Bardah, District Azamgarh pending in the Court of Judicial Magistrate, Court No.20, Azamgarh 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 informant/complainant in this case. Trial is going on since 2022. Accused persons are not cooperating with the trial court and that is why punitive process have been issued against them but anyhow charge could not be framed in this case till 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 frame charge in this case as per law within two months from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and no adjournment or exemption for appearance will normally be granted to the accused persons on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the aforesaid case, 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

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

Kamlesh v. State of U.P. and 4 Others

Case brief

What is this about?

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Kamlesh v. State of U.P. and 4 Others

Case brief

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