Smt Nazis Jahan v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 45889 of 2023 Applicant :- Smt Nazis Jahan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shan Mohammad Ali,Mohd.Sartaz Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Smt. Nazis Jahan-Applicant has filed this application under Section 482 Code of Criminal Procedure for issuance of directions to the Chief Judicial Magistrate, Moradabad to conclude the trial proceedings of Criminal Case No. 10223 of 2021, titled State of U.P. Vs. Nadeem Ahmad and others, arising out of Case Crime No. 125 of 2021, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961, Police Station Pakwada, District Moradabad in a stipulated period. Learned counsel for applicant submits that the subject F.I.R. was instituted in the year 2021 and the charges against the accused persons were framed on

5.1.2023. He refers to the zimni orders passed by the trial court and submits that it would be in the interest of justice, if, the trial proceedings are expedited. During the course of hearing, it is not disputed by learned counsel that charges against the accused has been framed recently on 5.1.2023 and the prosecution is in the process of examining thirteen witnesses. Recently, the Hon'ble Supreme Court has made observation in the order dated 10.11.2023 passed in Writ Petition(s) (Criminal) No. 587 of 2023, titled Shaikh Uzma Feroz Hussain Vs. The State of Maharashtra that the constitutional court should not in a routine manner fix a time frame for a pending case before trial court for its conclusion in a specific time frame. Thus, finding no exceptional ground, this Court is not inclined to exercise the inherent powers under Section 482 Cr.P.C. The application fails and is dismissed. Order Date :- 16.12.2023 P.S.Parihar High Court of Judicature at Allahabad