Allahabad High Court
Ganesh Mishra vs State Of U.P. And Another on 5 August, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:126106 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl.No.4) Court No. - 79 Case :- APPLICATION U/S 482 No. - 22986 of 2024 Applicant :- Ganesh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mehul Khare,Pragya Pandey Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Saurabh Kesarwani, Advocate holding brief of Sri Pragya Pandey, learned counsel for the applicant and Sri Mohd. Shoeb Khan, learned AGA for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking a direction for expeditious disposal of Criminal Case No. 370 of 2020 (State of Viresh Shukla), arising out of Case Crime No. 106 of 2019, under Section 406 IPC, P.S. Badshahi Naka, District Kanpur Nagar, pending in the court of Civil Judge (Junior Division), Court No.5, Kanpur Nagar.
3. At the outset, the learned AGA points out that for same directions, earlier the applicant has approached this Court by filing an application under Section 482 Cr.P.C. No. 2247 of 2023 (Ganesh Mishra vs. State of U.P. and another), which was disposed of vide order dated 17.02.2023 with the following observations:
"Heard Shri Mehul Khare, learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
The present application under Section 482 Cr.P.C. is filed with the prayer to direct the Metropolitan Magistrate, Court No.3, Kanpur Nagar to decide the proceeding of Case Crime No.106 of 2019 (State VS. Viresh Shukla) under Section 406 IPC, Police Station-Badshahi Naka, District-Kanpur Nagar.
It is contended by learned counsel for the applicant that the applicant is informant of the case, which is pending since 2019 and the trial is progressing with snail's speed, therefore, a direction to decide the trial within a time prescribed may be given to the court concerned.
Keeping in view that the matter relates to the year 2019 and the trial is progressing with snail's speed, it is expected from the trial court to gear up the trial and conclude the same as early as possible, preferably within a period of one year from the date of production of certified copy of this order, without granting unnecessary, unreasonable and long adjournment to either of the parties strictly in accordance with law, if there is no legal impediment.
With the aforesaid directions, this 482 Cr.P.C. application is finally disposed of."
4. Since there is already a direction for expeditios disposal of the case, this Court does not find any good reason to entertain the instant application for the same prayer again. However, it is expected that the trial court shall proceed in the matter as directed by this Court earlier.
5. In view of the above, the instant application under Section 482 Cr.P.C. is disposed of.
Order Date :- 5.8.2024 Ashish Pd.
(Anish Kumar Gupta,J.)