Smt. Shailesh @ Kamlesh v. State of U.P. and 5 Others

Court No. - 88 Case :- APPLICATION U/S 482 No. - 33274 of 2023 Applicant :- Smt. Shailesh @ Kamlesh Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.,Nitin Raj Singh,Raj Singh Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned A.G.A. representing the State and learned counsel for opposite party nos. 2 to 6. By means of this application under Section 482 Cr.P.C., the applicant has prayed for expeditious disposal of case being Session Trial No. 855 of 2021 (State Vs. Omveer and others) arising out of Case Crime No. 220 of 2021, under Sections 302, 307, 323, 34 IPC, police station Jewar, district Gautam Buddh Nagar pending in the Court of Sessions Judge, Gautam Buddh Nagar within the time-bound frame. Main substratum of argument of learned counsel for the applicant is that the applicant is complainant in this case. Cognizance of the case was taken on

18.09.2021 but till date, trial of the accused/opposite party nos. 2 to 6 have not been completed. On the other hand, learned A.G.A. representing the State and learned counsel for opposite party nos. 2 to 6 submits that charges against the accused persons, who have been charge-sheeted, have been framed on 15.11.2021 and thereafter two prosecution witnesses have been examined. Thereafter, opposite party no. 6 has been summoned on 15.03.2023 in exercise of powers under Section 319 Cr.P.C. as an additional accused and charge has also been framed against him on 24.07.2023. The trial of the accused persons is proceeding in accordance with law. Having heard submission of learned counsel for the parties and perusing the record, I find that there is no inordinate delay in conducting the trial of the accused persons. Considering the heavy docket of the trial Court as well as the manner, in which trial is proceeding, I do not find any good ground to issue any direction as prayed for by means of this application. In view of the above, the relief as sought for by the applicant through the instant application is hereby refused. This application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 9.11.2023 Shubham High Court of Judicature at Allahabad