Applicant sought direction under Section 483 CrPC for speedy disposal of a 2009 criminal case where charge remained unframed despite exemption applications by accused. Court directed trial court to secure accused's appearance, frame charge and expedite trial without unnecessary adjournments.
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Neutral Citation No. - 2025:AHC-LKO:36510
Court No. - 11
Case :- APPLICATION U/S 483 No. - 504 of 2025
Applicant :- Kishan Lal Hazaria Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Anil Kumar Maurya,Priyanshi Maurya Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Ms. Priyanshi Maurya, learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.
The present application u/s 483 Cr.P.C. has been moved with prayer to issue appropriate order or direction thereby directing Additional Chief Judicial Magistrate-I, Lucknow to expedite the proceedings of Criminal Case No.12960/2009 (State vs. Aoop Pandey & others) in Case Crime No.673/2008 in offence under Sections 406, 420, 467, 468, 471, 506 I.P.C., Police Station Hazratganj, District Lucknow within stipulated period of time in accordance with law.
It is submitted by learned counsel for the applicant that in this case charge sheet was filed before the learned trial court in the year 2009 but till now charge could not have been framed by the learned court. The applicant is aged about 78 years old who is has retired from Army. The accused persons are not appearing but exemption application is being filed on their behalf and the case it is not being decided, therefore, prays that a direction be issued to the learned court concerned to decide the same expeditiously as possible within some stipulated time.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as perusal of record, it appears that in this case charge sheet was filed in the year 2009 and till now charge could not have been framed against the accused persons and exemption applications are being accepted by the learned court till now. This is very said state of affairs. Therefore, learned trial court is, hereby, directed to take necessary steps for appearance of the accused persons and to frame charge and proceed with the trial and also
to make its endeavour to conclude the trial in the aforesaid case as expeditiously as possible without granting any unnecessary adjournment to either of the parties, in accordance with law.
Accordingly, this application u/s 483 Cr.P.C. is disposed of finally.
Order Date :- 26.6.2025 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the trial court be directed to expedite framing of charge and conclude the trial in a 2008 case where no charge has been framed since 2009?
2 provisions across 2 enactments
Kishan Lal Hazaria
State Of U.P. Thru. Prin. Secy. Home Lko.
Anoop Pandey & others (accused in trial)
Subhash Chandra Sharma
As recorded by the court registry
2 orders share this CNR
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