Deshraj v. State of U.P. and Ors

Court No. - 15 Case :- CRIMINAL APPEAL No. - 1908 of 2021 Appellant :- Deshraj Respondent :- State Of U.P. And Ors. Counsel for Appellant :- Vivek Raghubanshi,Anil Kumar Mishra Counsel for Respondent :- G.A.,Ghufran Hussain Hon'ble Shamim Ahmed,J. Heard Sri Anil Kumar Mishra, learned counsel for the appellant as well as Sri Ghufran Hussain, learned counsel for the opposite party No.2 and Ms. Shikha Sinha, learned A.G.A. for the State. The present Criminal Appeal has been preferred under Section 14A(2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 against the order dated 08.11.2021 passed by the learned Special Judge, S.C./S.T. Act, Barabanki in S.T. No. 269/2020 arising out of Case Crime No.82/2020, under Sections 376, 506 of I.P.C. and Section 3(2)(V) of the S.C./S.T. Act, Police Station Dewa, District Barabanki. Learned counsel for the appellant as well as counsel for the opposite party No.2 submits that all the witnesses have been examined and the matter is ripe for final decision before the court below, thus in the interest of justice, a positive direction be given to the court below to decide the case expeditiously. Learned A.G.A. has no objection to the prayer made by the learned counsel for the appellant as well as counsel for the opposite party No.2. Accordingly, in view of the statement made at Bar by the learned counsel for the appellant as well as counsel for the opposite party No.2 and in the interest of justice, the court below i.e. learned Special Judge, S.C./S.T. Act, Barabanki is directed to conclude and decide the proceedings of S.T. No. 269/2020 arising out of Case Crime No.82/2020, under Sections 376, 506 of I.P.C. and Section 3(2)(V) of the S.C./S.T. Act, Police Station Dewa, District Barabanki within two months positively from today without granting any unnecessary adjournment to either of the parties, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation/direction, this appeal is finally disposed of. Order Date :- 19.12.2023/Arvind High Court of Judicature at Allahabad, Lucknow Bench