Mukesh Kumar v. State of U.P. and 4 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 40937 of 2023 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard Sri Ashish Kumar Gupta, learned counsel for the applicant and learned A.G.A. for the State.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Case No.224 of 2002, arising out of Case Crime No.618 of 2002, under Sections-323, 324, 504, 506 I.P.C., Police Station-Raya, District-Mathura, pending before the ACJM, Court no.2, Mathura.

¶3Learned counsel for the applicant submitted that applicant is informant and lodged FIR against the opposite party nos.2 to 5 in the year 2002 under the aforesaid sections since then proceedings is pending. Opposite party challenged the charge sheet by filing Application U/s 482 No.9857 of 2006 and proceeding was stayed, thereafter, the Hon'ble Court vide order dated 18.1.2020 dismissed the application and non bailable warrant has been issued against opposite party Nos.2 to 5. Opposite parties appeared and released on bail but no charge has been framed in the aforesaid case.

¶4Per contra, learned AGA opposed the submission of applicant's counsel and submitted that till today no charge has been framed and trial has not commenced, as such, prayer cannot be allowed for expeditious disposal of the trial.

5.However considering the submissions advanced by the parties and perused the record, it is hereby directed that trial court shall frame the charges within a period of four months, thereafter, proceed and decide the case expeditiously, in accordance with law.

¶6With the above directions, this 482 application is disposed of. Order Date :- 6.11.2023 Nitin Verma High Court of Judicature at Allahabad