Allahabad High Court
Mohd Salman vs State Of U.P. And Another on 17 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:165915 Court No. - 92 Case :- APPLICATION U/S 482 No. - 28769 of 2023 Applicant :- Mohd Salman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Jai Singh, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State.
2. The instant application has been filed seeking a direction for expeditious disposal of the Case No. 109 of 2015 (State vs. Modh. Salman), arising out of Case Crime No. 71 of 2015 u/S 147, 148, 186, 336, 353, 436, 427, 341 I.P.C. r/s Section 7 of Criminal Law Amendment Act and 3 of Prevention of Damages to Public Property Act, 1984, P.S.- Nagfani, District- Moradabad, pending before Juvenile Justice Board, Moradabad, within a time bound period.
3. Learned counsel for the applicants submits that the trial of the main case has already been concluded by the Additional Sessions Judge, Court No. 14, arising out the same crime number and for want of evidence against the accused persons. All the accused persons have been acquitted vide order dated 30.01.2019. However, the applicant herein being a juvenile is being separately tried with the Juvenile Justice Board and the trial is pending since 2015 and witnesses are not coming forward. Therefore, he prays for expeditious disposal of the said case.
4. In view of the aforesaid facts and circumstances of the case, learned counsel for the State do not have any objection for passing the direction for expeditious disposal of the said case by the Juvenile Justice Board.
5. Therefore, the instant application is disposed of with a direction to Juvenile Justice Board, Moradabad, to conclude the Case No. 109 of 2015 (State vs. Modh. Salman), arising out of Case Crime No. 71 of 2015 u/S 147, 148, 186, 336, 353, 436, 427, 341 I.P.C. r/s Section 7 of Criminal Law Amendment Act and 3 of Prevention of Damages to Public Property Act, 1984, P.S.- Nagfani, District- Moradabad, pending before Juvenile Justice Board, Moradabad, within a period of 6 months from the date of production of the certified copy of this order.
Order Date :- 17.8.2023 Shubham Arya