Allahabad High Court
Ashraf Ali vs State Of U.P. Thru. Prin. Secy. Home ... on 6 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- APPLICATION U/S 483 No. - 183 of 2023 Applicant :- Ashraf Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Others Counsel for Applicant :- Umesh Dixit Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Umesh Dixit, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned A.G.A. for the State and perused the entire record.
In view of the order, which is proposed to be passed today, notices to opposite parties No.2 to 8 are hereby dispensed with.
The only innocuous prayer made in the present application filed under Section 483 Cr.P.C. is that the learned trial court/ Civil Judge, Sitapur be directed to decide the Criminal Case No.5038 of 2019 (State vs. Kamaluddin) arising out of Case Crime No.31 of 2019, under Sections 147, 148, 307, 325, 302, 34 I.P.C., Police Station Ramkot, District Sitapur, pending in the court of learned Chief Judicial Magistrate, Sitapur, expeditiously and preferably within a time bound manner.
Learned counsel for the applicant has submitted that the trial is not being completed because adjournments have been granted frequently. Therefore, he has prayed to issue a direction to dispose of the aforesaid case in a time bound manner.
Learned A.G.A. for the State has opposed the prayer, however, he could not dispute the fact that the trial of aforesaid case should be concluded as early as possible.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the entire record, it appears that the adjournments have been granted frequently and no substantial progress has been made so far to conclude the Criminal Case No.5038 of 2019 (State vs. Kamaluddin) arising out of Case Crime No.31 of 2019, under Sections 147, 148, 307, 325, 302, 34 I.P.C., Police Station Ramkot, District Sitapur, pending in the court of learned Chief Judicial Magistrate, Sitapur.
Therefore, to secure ends of justice, the present application is finally disposed of with the direction to the concerned learned trial court to dispose of the aforesaid case expeditiously without granting any unnecessary adjournment to the parties, in accordance with law, if there is no other legal impediment.
Office is directed to send a copy of this order to the concerned court below for its information and necessary compliance through fax/ e-mail, forthwith.
(Ajai Kumar Srivastava-I, J.) Order Date :- 6.4.2023 cks/-