Neutral Citation No. - 2025:AHC:112568 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39602 of 2024 Applicant :- Mohd Shakir Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- A.C.Srivastava,Vinod Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record. 2. This application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 05.09.2024 passed by the Additional Chief Judicial Magistrate, Vth Jaunpur in Criminal Case No.128 of 2012 arising out of Case Crime No.640 of 2012, under sections 448, 452, 323, 427 I.P.C., Police Station Shahganj, District Jaunpur and to decide the application dated 20.02.2016 filed by the applicant. 3. It is narrated in the FIR that two nominated accused persons Arif & Asif alongwith their son came to him with the weapons in their hands and started damaging the shutter of the shop and thereafter looted several articles and jewellery from the house of his uncle Jameel Ahmad. Thereafter, charge-sheet was submitted against three persons under sections 448, 452, 323, 427 I.P.C. and 7 Criminal Law Amendment Act. Court concerned issued summon in the aforesaid sections. 4. Learned counsel for the applicant submitted that the applicant is informant and his application dated 20.02.2016 has been decided by order dated 05.09.2024. Application was moved that accused person be also summoned under sections 147, 148, 149, 394 I.P.C. The order passed by learned magistrate dated 05.09.2024 is illegal, arbitrary and patently illegal and liable to be set aside. The learned magistrate has rejected the application of the applicant without applying his judicial mind. Learned counsel for the applicant next submitted that aforesaid proceeding is pending before trial court since 2012. Trial court on 24.12.2012 received charge- sheet and issued summons against the accused persons under sections 448, 452, 323, 427 I.P.C. and 7 Criminal Law Amendment Act. Learned counsel for the applicant submitted that trial court keep the proceeding pending since 2012 and till date he has not framed charge while deciding the application of the applicant. He has not discussed/observed the grievance of the applicant and passed order that the prayer of the applicant shall be decided at the time of framing of charge but till date no charge has been framed. 5. Considering the argument raised by learned counsel for the applicant and perused the order dated 05.09.2024. The learned Additional Chief Judicial Magistrate has rightly observed that the grievance of the applicant can be considered while framing of the charge but from the record, it is also apparent that the instant criminal proceeding is pending before trial court since last more than 13 years but trial court has not framed the charge. The order passed on 05.09.2024 is just and proper. No interference is warranted but trial court is directed to frame the charge within one month and expedite the trial within one year in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties from the date of production of a certified copy of this order, if there is no other legal impediment. 6. With aforesaid observations, the application u/s 482 Cr.P.C. is disposed of. Order Date :- 14.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad