Vinay Kushwaha v. State of U.P. and 6 Others

Court No. - 90 Case :- APPLICATION U/S 482 No. - 14097 of 2023 Applicant :- Vinay Kushwaha Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Sanjai Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The present applicant has invoked the inherent power of this Court under Section 482 CrPC beseeching the expeditious disposal of Sessions Trial No. 40 of 2006 (State Vs. Narayan and others) arising out of Case Crime No. 122 of 2004, under Sections 147, 148, 323, 504, 506, 308, 325 IPC, Police Station Kasya, District Kushinagar pending in the court of Additional District and Sessions Judge/FTC (court concerned).

¶3It is submitted by the learned counsel for the applicant that the occurrence of offence took place on 7.3.2004. FIR was lodged on

9.3.2004. After considering the charge sheet dated 23.4.2004, learned court has issued summons on 23.7.2004. Thereafter, charge were framed on 3.6.2009. Since then, the trial is protracted on one pretext or the other. While entertaining the instant matter, this Court has passed an order dated 21.4.2023 calling for the report from the court concerned. In pursuance of the order dated

21.4.2023, learned trial court has submitted its report dated

25.4.2023. Having considered the report dated 25.4.2023, this Court has passed the following order dated 17.5.2023: "Perused the report dated 25.04.2023, the material part whereof reads:

महहदयउकननयतनतथथकहअनभययकगणउपससथतरहहएववससकककहअनयपससथतरहनहकह

कसरणससकयअवनकतनहहहहसकसवससककPW-2

कहसममनजसरकनकयहगयहवअनगमनतथथ

11.04.2023

ननयतककगयक।

महहदयनदनसवक11.04.2023

कहममउपसथजरतअवकसशपरथक,

थजसममअनगमनतथथ

25.04.2023

ननयतककगयक।आजनदनसवक25.04.2023

थसनसकसयसकहपररकसरकहदसरस

ससकककहउपससथतकरसयहजसनहहहतयअवसरयसनचतनकयसगयस,

थजसहअपरथजलसशससककय

अथधवकसदसरसअगससररतनकयसगयसहह,

अवसरनदयसगयस।

महहदयससककनवनयकयशवसहसPW-1

कसबयसनपपणरहहचयकसहहएववपतसवलकससककPW-2 कह

ससकयहहतयननयतहह।महहदयआजनदनसवक25.04.2023

कहPW-2

कहसममनजसरकनकयह

गयहएववपयथलसअधककककयशकनगरकहससकककहजसरकसममनकहतसनमलसहहतयपतपहनषत

नकयसगयस

महहदयसतपरककणकहससककगणकहतलबकरनहहहतयसवभवपयससनकयसजसरहसहहएवव

नजदककककनतथथननयतककजसरहकहह,

थजससहउकसतपरककणकसननसतसरणशकघनकयस

जससकह।" The Superintendent of Police, Kushinagar at Padrauna is directed to ensure that the prosecution witnesses are produced before the learned Additional Sessions Judge, Fast Track Court, Court No. 1, Kushinagar at Padrauna on the dates fixed without fail. It is directed that once the witness appears, he/she will not be discharged till his/her evidence is over. If on a particular date the testimony of the witness is not over, the trial will stand over until the next date. Learned Counsel appearing in the case shall appear in the Court on each date fixed and shall not abstain from discharging their professional duties on account of any resolution by the Bar to abstain from work. If the learned Counsel do not discharge their duties in this case adhering to a resolution of the Bar to abstain from professional duties, the learned Counsel concerned shall be personally answerable to this Court. The Presiding Officer will bear in mind that she will not avail leave merely because it is due in her account, unless imperative. Lay this matter as fresh on 26.05.2023. Let a copy of this order be communicated to the Additional Sessions Judge, Fast Track Court, Court No. 1, Kushinagar at Padrauna through the learned Sessions Judge, Kushinagar and to the Superintendent of Police, Kushinagar at Padrauna by the Registrar (Compliance) within next 48 hours."

¶4In pursuance of the order dated 17.5.2023, the concerned court has submitted its fresh report. On the next date i.e. 2.6.2023, this Court has again called for the report from the court concerned. In pursuance thereof, fresh report dated 6.9.2023 has been submitted which reveals that statements of PW-1, PW-2, PW-3, PW-4, PW-5 are completed, however, date has been fixed for the statement of PW-6.

¶5Learned counsel for the applicant submits that, till date, PW-6 has not appeared and the matter is proceeding at snail's speed.

¶6Having considered that it is an old matter of 2004, it would be befitting to issue a direction to the court below concerned for expeditious disposal of the aforesaid case which is protracted on one pretext or the other.

¶7Learned AGA has no objection in case a direction is issued for early disposal of the aforesaid case.

¶8In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction to Additional District and Sessions Judge/FTC (court concerned) before whom the aforementioned case is pending disposal, to decide the same expeditiously, preferably, within a period of ten months from the date of receipt of a certified copy of this order.

¶9It is expected that the matter should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.

¶10With the aforesaid direction, present writ petition is disposed of. Order Date :- 16.10.2023 vinay High Court of Judicature at Allahabad