Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12114 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record. 2. The instant petition has been preferred seeking direction to the learned Judicial Magistrate-II, Gorakhpur to conclude the trial of Case No. 1063 of 2018, titled State v. Lal Bahadur and others, arising out of Case Crime No.0178 of 2015, under Sections 420, 147, 504, 506 IPC, P.S. Gola, District Gorakhpur within stipulated time. 3. Learned counsel for the petitioner submits that the FIR was registered in the year 2015 and after investigation the charge-sheet was filed on 10.5.2016, thereafter cognizance order was passed on 2.2.2018, since then no effective proceedings have taken place and the accused have not been cooperating with the trial. He further submits that the trial court is allowing fictitious exemption application in the routine manner without recording any appropriate reason. Therefore, a suitable direction be issued to the learned trial court to decide the same within some specific time frame. 4. On perusal of the order passed by the learned trial court, it transpires that no effective steps have been taken by the trial court to expedite the proceedings. Rather, fictitious exemption applications have been allowed without recording any subjective satisfaction, which is indeed unfortunate. The FIR in question was registered almost a decade ago, and till date even the charge has not been framed. 5. In the given facts and circumstances of the case, the instant petition is disposed of with a direction to the learned Judicial Magistrate–II, Gorakhpur to conclude the trial of Case No. 1063 of 2018, titled State v. Lal Bahadur & Versus Counsel for Petitioner(s) : Shashi Kant Rai Counsel for Respondent(s) :
Manoj Sonkar .....Petitioner(s) Lal Bahadur And 4 Others .....Respondent(s)
Ors, arising out of Case Crime No. 0178 of 2015, under Sections 420, 147, 504, 506 IPC, Police Station Gola, District Gorakhpur, expeditiously in accordance with the roster of the Court. The trial court shall not grant unnecessary adjournments and shall record appropriate reasons in case any adjournment is granted. It is further directed that the trial court shall take all necessary steps to secure the presence of the accused for effective adjudication of the case.
In case the accused fail to appear, the trial court shall proceed strictly in accordance with the terms and conditions on which the bail has been granted to him. October 7, 2025 A. Tripathi A227 No. 12114 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad