Jitendra Nishad v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39528 of 2023 Applicant :- Jitendra Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to direct the learned Civil Judge (JD), Court No.7, Gorakhpur to decide Case No.164348 of 2021, arising out of Case Crime No.76 of 2021, under Sections 419, 420, 406 I.P.C., Police Station Jhangha, District Gorakhpur.

¶3The contention of learned counsel for the applicant is charge sheet has been submitted on 13.12.2021 thereafter no charge has been framed against opposite party No.2. More than two years have been passed. Co-accused has been released on anticipatory bail and not supporting in the trial proceedings.

¶4Per contra, learned AGA opposed the submission of applicant's counsel and submitted that till today no charge has been framed and trial has not commenced, as such, prayer cannot be allowed for expeditious disposal of the trial.

¶5However considering the submissions made by the parties and perused the record, it is hereby directed that trial court shall frame the charges within a period of six months, thereafter, proceed and decide the case expeditiously, in accordance with law.

¶6With the above directions, this 482 application is disposed of. Order Date :- 11.12.2023 Nitin Verma High Court of Judicature at Allahabad