Allahabad High Court
Arti Devi vs State Of U.P. And 3 Others on 18 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 33935 of 2022 Applicant :- Arti Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Chandra Shekhar Pandey, Advocate holding brief of Sri Shri Prakash Dwivedi, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned A.G.A.-I for the State.
By way of the present application, the applicant has made a prayer to direct the court below to conclude the trial of the Case No. 740 of 2022 (State vs. Santosh Kumar Singh and Others) arising out of Case Crime No. 69 of 2005, under Section 323, 504, 506 I.P.C., Police Station- Kachhwa, District- Mirzapur pending in the Court of Additional Civil Judge (J.D.), Court No. 4, Mirzapur expeditiously, within a stipulated period of time.
Learned counsel for the applicant submitted that the applicant is the informant of the case and he lodged an NCR on 12.06.2005, in which after the order passed under Section 155(2) Cr.P.C., investigation was conducted and charge-sheet was submitted on 21.06.2005 and although more than 19 years have passed but trial of the case is still pending and being complainant of the case, the applicant is running pillar to post for doing pairvi of the present matter and therefore, it has become necessary to give a direction to the trial court to conclude the proceedings of the aforesaid case expeditiously, within a stipulated period of time.
He next submitted that although trial of the case is pending since the year 2005 but as a new number has been allotted, therefore, in the prayer new number of the year 2022 has been mentioned. He next submitted that this fact is even evident itself from the certified copy of charge-sheet issued by the office of the court, which has been annexed as annexure no. 2 to the affidavit filed in support of the present application.
Learned A.G.A. is having no objection, if any such direction is given to the court below.
I have heard both the parties and perused the record of the case.
Applicant is the informant of the case and the trial of the case is pending since the year 2005. It is quite surprising that although about two decades have passed but trial of the case is still pending and being informant of the case, applicant is running from pillar to post, therefore, considering this, it is directed that court below shall conclude the trial of the case positively, within a period of one year from the date of production of certified copy of this order, strictly as per provisions of Section 309 Cr.P.C. on day to day basis without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.
With these observations, the instant application stands disposed of.
Order Date :- 18.11.2022 Aditya