Surendra Singh v. State of U.P

Court No. - 93 Case :- APPLICATION U/S 482 No. - 34251 of 2023 Applicant :- Surendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Santosh Kumar Dubey, learned counsel for the applicant, Sri Sunil Kumar Kushwaha, learned A.G.A for the State and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed to direct the 3rd Additional District and Sessions Judge, Gautam Buddha Nagar to decide the S.T. No.123 of 2015 arising out of Case Crime No.73 of 2012, under Sections 420, 467, 468, 471, 193, 120B IPC, Police Station Dadri, District Gautambudh Nagar.

¶3Contention of learned counsel for the applicant is that the applicant has earlier approached this Court to expedite the trial in question by way of Application U/S 482 Cr.P.C. No.30521 of 2021. This Court vide order dated 17.01.2022 directed the court below to expedite the trial without granting any unnecessary adjournments to either of the parties.

¶4Counsel for the applicant further submits that from bare perusal of the order sheet, it appears that the court below instead of comply the order of this Court has granted adjournment to accused persons and fixing dates.

¶5Considering the aforesaid submission and after perusal of order sheet, it appears that the accused persons are not co-operating in the trial. The court below has also not taken coercive measure for ensuring the presence of the accused persons. The trial court is also liberal in adjourning the case despite the earlier order of this Court.

¶6Therefore, the 3rd Additional District and Sessions Judge, Gautambudh Nagar is directed to conclude the S.T. No.123 of 2015, arising out of Case Crime No.73 of 2012, under Sections 420, 467, 468, 471, 193, 120B IPC, Police Station Dadri, District Gautambudh Nagar, expeditiously preferably within a period of one year from the date of production of copy of this order, strictly in accordance with law.

¶7With the aforesaid direction, the application is disposed of. Order Date :- 18.10.2023 A.Kr. High Court of Judicature at Allahabad