Smt. Anju Sharma v. State of U.P

Court No. - 93 Case :- APPLICATION U/S 482 No. - 36885 of 2023 Applicant :- Smt. Anju Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Singh,B.N.Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. Heard Sri Manish Kr. Singh, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State. The present application has been filed to direct the court below to decide Sessions Case No. 1215 of 2021 (State of U.P. vs. Amit Sharma and others), arising out of Case Crime No. 147 of 2015, u/s 323, 504, 506, 498A, 376, 511 I.P.C. and 3/4 D.P. Act, P.S. Juhi, District Kanpur Nagar, pending before Additional Sessions Judge/FTC-41 (Offences against women), Kanpur Nagar, within a stipulated period. Contention of learned counsel for the applicant is that sessions trial in question is pending since 2021 and charges were also framed on 8.11.2021 and presently, cross of PW-1 is in progress. It is further submitted that trial of the present case could not be concluded because of non-cooperation of the accused persons. On perusal of the order sheet, it appears that on most of the occasions the accused persons have filed adjournment application and which was allowed by the court below. As the present case relates to crime against women, therefore, it should be decided expeditiously. Considering the facts and circumstances, Additional Sessions Judge/FTC-41 (Offences against women), Kanpur Nagar is directed to conclude the trial of Sessions Case No. 1215 of 2021 (State of U.P. vs. Amit Sharma and others), arising out of Case Crime No. 147 of 2015, u/s 323, 504, 506, 498A, 376, 511 I.P.C. and 3/4 D.P. Act, P.S. Juhi, District Kanpur Nagar, expeditiously preferably within a period of one year. With the aforesaid direction, the application is disposed of. It is further directed that for ensuring presence of accused persons and witnesses, the court below shall adopt coercive measures. Order Date :- 19.10.2023 Vandana High Court of Judicature at Allahabad