Budhiya v. State of U.P. and 5 Others

Court No. - 88 Case :- APPLICATION U/S 482 No. - 38809 of 2023 Applicant :- Budhiya Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Jitendra Singh,Sunil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party no.1 and perused the record. 2-By means of this application, the applicant has prayed for expeditious disposal of case being S.T. No. 1290 of 2014 (State Vs. Vinod Kumar Dubey and others), arising out of Case Crime No. 31 of 2010, under Sections302, 323 & 506 I.P.C., Police Station-Ghoorpur, District Allahabad, pending in the Court of Additional District Judge-II, Allahabad, within the time-bound frame. 3-It is submitted by learned counsel for the applicant that the informant of this case, namely, Jitendra Kumar Nishad has left for his heavenly abode during Covid-19 pandemic. The instant application has been preferred by the applicant, who is wife of the informant. It is next submitted that it is an old case of year 2010. The F.I.R. was lodged on 15.02.2010, in which charge sheet was submitted against the accused persons on

02.07.2014 and after securing their presence, charges have been framed against them on

02.12.2021, but till date only 13 prosecution witnesses have been examined. The trial is not proceeding effectively. 4-Learned A.G.A. states that no useful purpose would be served in issuing notice to opposite party no. 2 to 6 and keeping this application pending before this Court and it may be disposed of at this stage itself. 5-Considering the limited grievance of the learned counsel for the applicant, learned trial court is directed to make an endeavour to conclude the trial without granting any unnecessary adjournment to either of the parties strictly, in accordance with provisions of Section 309 of the Cr.P.C., if there is no legal impediment. 6-With the aforesaid directions, this application is disposed of. Order Date :- 2.12.2023 Anurag/- High Court of Judicature at Allahabad