Pavan Kumar Verma v. State of U.P. and 3 Others

Court No. - 84 Case :- APPLICATION U/S 483 No. - 1474 of 2023 Applicant :- Pavan Kumar Verma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shahnawaz Akhtar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Shahnawaz Akhtar, learned counsel for the applicant as well as learned AGA for the State.

¶2Present application under Section 483 Cr.P.C. has been filed with a prayer to expedite the Case No. 13570/2020 (Pavan Kumar vs. Mushahid Khan and others) in Case Crime No. 552/2014 under Sections 420, 465, 467, 468, 471 IPC, Police Station-Civil Line, District-Budaun, pending in the court of Chief Judicial Magistrate, budaun.

¶3From perusal of records, it appears that the Police after investigation in this case has submitted final report on 07.12.2015. Against that final report, the applicant has filed protest petition which was allowed and learned court below has taken cognizance and next date fixed is 15.12.2020. Thereafter, despite issuance of bailable warrant on number of occasions, accused persons did not surrender before the court and for this reason, trial of Case Crime No. 13570 of 2020 could not be proceeded with.

¶4Considering the aforesaid submissions and upon perusal of record, it is clear that present case is at the stage of summoning the accused. Therefore, Chief Judicial Magistrate, Budaun is directed to ensure the presence of the accused persons by adopting coercive measures including Non Bailable Warrant as well as the proceeding under Sections 82 and 83 Cr.P.C. and also ensure to conclude the proceeding as expeditiously as possible.

¶5With the aforesaid direction, present application is disposed of. Order Date :- 1.12.2023 Anjali High Court of Judicature at Allahabad