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2025 DAILYLAW 108066 (ALL)

UMA SHANKAR YADAV v. STATE OF U.P. AND ANOTHER

A483/2177/2024 · 2025-02-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17681 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2177 of 2024 Applicant :- Uma Shankar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court of Judicial Magistrate-Ist, Court No. 12, Basti to hear and decide the Case No. 15285 of 2020, arising out of Case Crime No. 13 of 2020, under Sections 419, 420, 406 of IPC, Police Station Kaptanganj, District Basti expeditiously. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. It is submitted by learned counsel for the applicant that this F.I.R. was lodged on 11.01.2020 against the accused persons after taking legal recourse obtained stay order in their favour and subsequently when the investigation started it was culminated into charge-sheet. It was again challenged by the accused persons and an order to stay the proceeding was again obtained by them. It is further submitted that however by the order of the coordinate Bench of this Court passed in Application U/s. 482 No. 131 of 2021 dated 09.09.2024 the proceedings started by the accused persons were failed and the trial court was directed to proceed with the matter. It is also submitted that the case relates to the year 2020 and it is an old case, it is expedient in the interest of justice to issue a direction to the court below for expeditious disposal of this case. 4. In the facts and circumstances of the case, the Court concerned is directed to procure the appearance of the accused persons and proceed to frame charges without any unnecessarily delay preferably within three months and thereafter the trial court shall make all possible endeavours for disposal of the case as expeditiously as possible, if there is no legal impediment 5. It is also made clear that the Court/Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 6. With the above observations, the application stands disposed of. Order Date :- 6.2.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad