Vivek Kumar Maurya Alias Vivek Maurya Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vivek Kumar Maurya Alias Vivek Maurya Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the learned trial court to decide the proceedings of Case Crime No. 397 of 2019 (State Vs. Vivek Kumar Maurya), under Sections 460, 411 I.P.C., Police Station Panki, District Kanpur Nagar, expeditiously, preferably within one year from production of certified copy of the order and without unnecessary adjournments, if there is no legal impediment; police, execution authorities, advocates, parties and staff also bound to assist.

Issue for consideration

Whether the learned trial court should be directed to decide the proceedings of Case Crime No. 397 of 2019 (State Vs. Vivek Kumar Maurya), under Sections 460, 411 I.P.C., Police Station Panki, District Kanpur Nagar, expeditiously within a stipulated period.

Court's answer

The learned trial court is directed to make all the endeavours to decide the proceedings of Case Crime No. 397 of 2019 (State Vs. Vivek Kumar Maurya), under Sections 460, 411 I.P.C., Police Station Panki, District Kanpur Nagar, expeditiously.

Ratio / Principle

The decision is to be reached preferably within a period of one year from the date of production of certified copy of the order, without granting unnecessary adjournment to either of the parties, if there is no legal impediment.

Key takeaways

Besides the Presiding Officer, all stake holders i.e. police and execution authorities, advocates, parties to the case and staff are made bound by the order to assist the Court for expeditious disposal of the case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.), Order dated 16.4.2025 — APPLICATION U/S 529 BNSS No. - 848 of 2025. Applicant Vivek Kumar Maurya Alias Vivek Maurya sought a direction to the trial court to decide Case Crime No. 397 of 2019 (State Vs. Vivek Kumar Maurya), under Sections 460, 411 I.P.C., Police Station Panki, District Kanpur Nagar, expeditiously. It was submitted that the F.I.R. was lodged in 2019, the applicant was declared a juvenile by the Juvenile Justice Board, Kanpur Nagar, is a student, and the case remains pending since 2019 at the stage of framing of charge and ascertainment of age; the court's perusal confirmed that stage. The court directed the trial court to make all endeavours to decide the proceedings expeditiously, preferably within one year from production of certified copy of the order, without granting unnecessary adjournment to either party, if there is no legal impediment, and held police, execution authorities, advocates, parties and staff equally bound to assist the Court. Application disposed of.

Neutral Citation No. - 2025:AHC:56365

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 848 of 2025

Applicant :- Vivek Kumar Maurya Alias Vivek Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Lal Ram,Rachana Singh Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 of Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the proceedings of Case Crime No. 397 of 2019 (State Vs. Vivek Kumar Maurya), under Sections 460, 411 I.P.C., Police Station Panki, District Kanpur Nagar, expeditiously within a stipulated period.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicant that in the instant case an F.I.R. was lodged in the year 2019. When the applicant was implicated in the present case, he was juvenile and he was declared juvenile by the Juvenile Justice Board, Kanpur Nagar. It is further submitted that the applicant is student and the case is pending since 2019 at the state of framing of charge and also for ascertainment of age of the applicant.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record. From perusal of the record, it appears that the case is pending at the stage of framing of charge and ascertainment of age of the applicant.

In the facts and circumstances of the case, the learned trial court is directed to make all the endeavours to decide the proceedings of Case Crime No. 397 of 2019 (State Vs. Vivek Kumar Maurya), under Sections 460, 411 I.P.C., Police Station Panki, District Kanpur Nagar, expeditiously and preferably within a period of one year from the date of production of certified copy of this order without granting unnecessary adjournment to either of the parties, if there is no legal impediment.

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 execution authorities, advocates, parties to the case, staff 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.

With the above observations, the application stands disposed of.

Order Date :- 16.4.2025 Rmk.

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad