Smt Prabha Sharma v. State of U.P. and 3 Others

Court No. - 93 Case :- APPLICATION U/S 482 No. - 44330 of 2023 Applicant :- Smt Prabha Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Dwivedi,Vikash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Complainant-applicant has approached this Court through this application under Section 482 Code of Criminal Procedure for issuance of directions to the trial court/Civil Judge (J.D.)/F.T.C. Court/Judicial Magistrate, to expedite the trial proceedings of Complaint Case No. 2236 of 2022, titled Prabha Sharma vs. M/s J.R. Constructions, under section 138 Negotiable Instruments Act, 1881, in specific time frame. Learned counsel for the applicant submits that the applicant had filed the subject case against the accused person but the trial is not making any headway, therefore, it would be in the interest of justice if a direction for conclusion of the trial is issued to the trial court. Upon hearing the learned counsel for the applicant and considering his submission, this Court finds that there is no exceptional ground made out by the applicant-complainant for issuance of directions for expeditious disposal of the trial, as the complaint was filed in the year 2022, wherein the accused on his appearance was admitted on regular bail, vide order dated 26.7.2023. A perusal of the zimni orders would further show that the court is issuing warrants against the accused to secure his presence. Thus it is not a case where there is inordinate delay in the conclusion of the trial and recently, the Hon'ble Apex Court has observed in the case of Shaikh Uzma Feroz Hussain vs. The Stae of Maharashtra, vide order dated 10.11.2023 passed in Writ Petition(s) (Criminal) No. 587 of 2023, that the constitutional court should be slow in fixing a specific time frame for conclusion of proceedings pending before the court of original jurisdiction. The application is dismissed. Order Date :- 5.12.2023 Faridul High Court of Judicature at Allahabad