Krishan Chandra Mishra v. State of U.P. and 6 Others

Court No. - 93 Case :- APPLICATION U/S 482 No. - 44300 of 2023 Applicant :- Krishan Chandra Mishra Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Mohammad Yaseen,Budhi Ram Gupta 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/Additional Civil Judge (J.D.) court no. 14, Allahabad to expedite the trial proceedings of Case Crime No. 534 of 2020, titiled Stat vs. Raj Kumar Tiwari and others, under Sections 147, 323 504, 506, 452 and 427 I.P.C. P.S. Meja, district-Prayagraj, in specific time frame. Learned counsel for the complainant submits that the subject case against the accused person is pending trial, but the trial is not making any headway, therefore, it would be in the interest of justice, if, a direction for expeditious 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. Concededly, the charges against the accused were framed on

6.12.2021 and thereafter the case was adjourned on account of COVID-19, vide order dated 24.2.2022 to 10.5.2022 and thereafter the court issued 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