Mohd Rabbani Ali v. State of U.P. and 3 Others

Court No. - 93 Case :- APPLICATION U/S 482 No. - 36262 of 2023 Applicant :- Mohd Rabbani Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satya Priya Mishra,Satya Bhushan Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Satya Priya Mishra, learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

¶2The present application has been filed to expedite the Case Crime No. 803 of 2012 and Case No. 1377 of 2013 (State vs. R.D. Khan and others), u/s 419, 420, 467, 468, 406, 506 I.P.C., P.S. Cantt., District Gorakhpur, pending before C.J.M., Gorakhpur, within stipulated period.

¶3Contention of learned counsel for the applicant is that the applicant is first informant of the Case Crime No. 803 of 2023, P.S. Cantt., District Gorakhpur. After submission of charge sheet this case was registered in 2013 as Case No. 1377 of 2013 and since then the case has been pending. Even charges are not framed till today after expiry of more than 10 years.

¶4From perusal of the order sheet, it appears that the trial of the Case No. 1377 of 2013 is still pending because of the reason that accused persons are not cooperating in the trial and even the presiding officer has been granting routine adjournment on the request of accused persons.

¶5In view of the above, C.J.M., Gorakhpur is directed to conclude the trial of Case No. 1377 of 2013 (State vs. R.D. Khan and others), u/s 419, 420, 467, 468, 406, 506 I.P.C., P.S. Cantt., District Gorakhpur, expeditiously preferably within a period of one year from the date of production of certified copy of this order.

¶6It is further directed that for ensuring presence of accused as well as witnesses, the court below may adopt coercive measures.

¶7With the aforesaid direction, the application is disposed of. Order Date :- 17.10.2023 Vandana High Court of Judicature at Allahabad