Devendra Sharma v. State of U.P. and 7 Others

Court No. - 93 Case :- APPLICATION U/S 482 No. - 39721 of 2023 Applicant :- Devendra Sharma Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Ambikesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Ambikesh Kumar Sharma, learned counsel for the applicant and Sri Pushpendra Singh Jadon, learned AGA for the State.

¶2The present application has been filed with a prayer to direct the learned Additional Sessions Judge-II, Jaunpur to decide the Sessions Trial No.200/2016 (State Vs Rajan Tiwari) arising out of case crime no.297 of 2015, u/s 323, 504, 506, 147, 325, 427, 308 IPC, Police Station-Badlapur, District-Jaunpur.

¶3Contention of learned counsel for the applicant is that from the perusal of order sheet, it is clear that this case was committed to Sessions Judge on 22.06.2016 and because of non-cooperation of the accused persons, charges could not be framed even till date.

¶4Considering the aforesaid submission and on perusal of order sheet, it appears that trial of this case is pending since 2016 because of non-cooperation of the accused persons, the surprising fact that has emerged from the order sheet is that Sessions Judge, Jaunpur is also liberal in granting unnecessary adjournments to the accused persons.

¶5Therefore, learned Additional Sessions Judge-IInd, Jaunpur is directed to conclude the Sessions Trial No.200/2016 (State Vs Rajan Tiwari) arising out of case crime no.297 of 2015, u/s 323, 504, 506, 147, 325, 427, 308 IPC, Police Station-Badlapur, District-Jaunpur, as expeditiously as possible, preferably within a period of one year.

¶6It is further directed that for ensuring the presence of accused persons as well as witnesses, learned Sessions Judge, shall adopt coercive measures.

¶7With the aforesaid direction, the present application is disposed of. Order Date :- 30.10.2023 S.Chaurasia High Court of Judicature at Allahabad