Allahabad High Court
Nitin Yadav & Ors. vs State Of U.P. & Anr. on 17 October, 2019
Author: Vikas Kunvar Srivastav
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- U/S 482/378/407 No. - 7318 of 2019 Applicant :- Nitin Yadav & Ors. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Sameer Shukla,Vijayendra Prakash Tripat Counsel for Opposite Party :- G.A. Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Learned counsel for the applicant and learned A.G.A. for the State are present.
Learned counsel for the applicant moved the application under Section 483 Cr.P.C. for the direction to expedite the proceeding of case no.1312 of 2017 (State Vs. Mithun) running for trial under Sections 147, 148 and 323 of IPC registered at Police Station Cantt, District Faizabad as case crime no.275 of 2016.
Learned counsel has pleaded in para 8, 9 and 10 of the application that the status of the case is that only prosecution witness no.2 has lastly been examined and thereafter, further proceeding is not done. Prosecution witness no.2 is lastly appeared and examined in the Court on 15.02.2018 and since then the hearing is default neither the examination is closed nor the defence is called on and the case is lying staleness in the Court.
Learned A.G.A. who has received the copy of application on behalf of State appears and would have no objection if any direction is given for expedite hearing as there is nothing abuse of law.
In view of the above facts and circumstances and in the interest of justice to issue direction to learned court concerned for expediting the hearing by calling prosecution witnesses and conclude the case in accordance with law.
Learned court of Additional Chief Judicial Magistrate-Ist, Faizabad where the criminal case no.1312/2017 (State Vs. Mithun and others), under Sections 147, 148, 323 of IPC registered at Police Station Cantt, District Faizabad is pending, is directed to call the prosecution to produce the examination of it's witnesses and thereafter to proceed further recording the defence witnesses, if any, in accordance with law for the conclusion of the case within three months from the date of order.
Accordingly, the present application under Section 483 Cr.P.C. is disposed of with above directions.
Order Date :- 17.10.2019 Saurabh