Disposed¶14

Kripa Shankar v. State of U.P.and 5 Others

Allahabad HC16 Mar 2025NA529/472/2025

Case brief

AI extract

What is this about?

Expedited-trial application under Section 529 BNSS by informant Kripa Shankar; Allahabad High Court directs IIIrd Additional Sessions Judge, Mirzapur to frame charge within two months in S.T. No. 1405 of 2024 (Case Crime No. 213 of 2024; BNS offences with Criminal Law Amendment Act s.7 and Arms Act ss.3/5/25/27); accused's delaying tactics noted; mandatory appearance of accused, no adjournment or exemption; all stake holders bound to assist expeditious disposal; single-judge order dated 17.3.2025.

What did the court decide?

Application disposed of with directions: trial court to pass framing-of-charge order within two months of production of certified copy; all accused to appear on dates fixed with no adjournment or exemption on any ground; all stake holders to assist in expeditious disposal. ¶14

Kripa Shankar Vs State of U.P.and 5 Others — Criminal Trial and Appeal | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the court concerned (IIIrd Additional Sessions Judge, Mirzapur) should be directed to decide S.T. No. 1405 of 2024 expeditiously within a stipulated period, particularly by framing charges.

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Court's answer

The trial court is directed to pass an order on the point of framing of charge in S.T. No. 1405 of 2024 as per law within two months from the date of production of a certified copy of this order before it.

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Ratio / Principle

All accused persons shall appear before the trial court on the date fixed, and no adjournment or exemption from appearance shall be granted to any accused on any ground whatsoever.

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Key takeaways

The trial court is expected to take strict action against the accused persons whose delaying tactics have prevented framing of charges.ratio¶10
Besides the Presiding Officer, all stake holders (police and execution authorities, advocates, parties to the case, staff etc.) are bound by the order to assist the court in every manner for expeditious disposal of the case.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 529 BNSS filed by the informant, Kripa Shankar, seeking expeditious disposal of S.T. No. 1405 of 2024 (arising out of Case Crime No. 213 of 2024 under Sections 103(2), 191(2), 191(3), 190, 131, 115(2), 109, 352, 3(5), 324(4), 324(5) BNS, Section 7 Criminal Law Amendment Act and Sections 3/5/25/27 Arms Act, P.S. Kotwali Dehat, District Mirzapur), pending before the IIIrd Additional Sessions Judge, Mirzapur. On perusal of the order sheets, the Court found that although the matter was pending since 2024, charges had not been framed owing to delaying tactics by the accused. The Court directed the trial court to pass an order on framing of charge within two months of production of a certified copy of the order, directed that all accused persons appear on dates fixed with no adjournment or exemption on any ground, and declared that all stake holders (police and execution authorities, advocates, parties, staff) are bound to assist the court for expeditious disposal. Order dated 17.3.2025.

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Neutral Citation No. - 2025:AHC:37464

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Court No. - 80

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Case :- APPLICATION U/S 529 BNSS No. - 472 of 2025

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Applicant :- Kripa Shankar Opposite Party :- State Of U.P.And 5 Others Counsel for Applicant :- Ashish Bajpayee Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the S.T. No. 1405 of 2024, arising out of Case Crime No.213 of 2024 under Sections 103(2), 191(2), 191(3), 190, 131, 115(2), 109, 352, 3(5), 324(4), 324(5) of BNS, 7 Criminal Law Amendment Act and Sections 3/5/25/27 Arms Act, Police Station- Kotwali Dehat, District Mirzapur pending in the Court of IIIrd Additional Sessions Judge, Mirzapur 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 of the aforesaid case. The case is pending at the stage of framing of charge and the accused persons are applying delaying tactics and till date charges have not been framed in the matter.

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I have considered the submissions and perused the entire record.

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It reveals from the perusal of the order sheets that the matter is pending since 2024 and even charges have not been framed so far. The accused persons are applying delaying tactics in the matter. The trial court is expected to take strict action against the accused persons, who are trying to delay the trial of this case and even charges have not been framed on account of their delaying tactics.

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In the circumstances, the Court concerned is directed to pass an order on the point of framing of charge in this case as per law within two month 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

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no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the 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 of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 17.3.2025 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Kripa Shankar v. State of U.P.and 5 Others

Case brief

What is this about?

What did the court decide?

Kripa Shankar v. State of U.P.and 5 Others

Case brief

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