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2025 DAILYLAW 108341 (ALL)

SMT. LALITA v. STATE OF U.P. AND 4 OTHERS

A482/40053/2024 · 2025-04-22

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61742 Court No. - 75 Case :- APPLICATION U/S 482 No. - 40053 of 2024 Applicant :- Smt. Lalita Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Amir Khan,Raees Ahmad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Amir Khan, learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State. 2. The instant application has been filed to direct the court below to conclude the trial of case No. 576 of 2022 (old Case No. 741 of 2019), arising out of case crime No. 488 of 2018, under Sections 498A, 323, 354A, 504, 506 IPC and 3/4 D.P. Act, P.S. Aurangabad, District Bulandshahr. 3. Contention of learned counsel for the applicant is that the applicant is the victim as well as first informant in the impugned proceeding wherein cognizance was taken by the learned Magistrate on 25.6.2019. Thereafter, charges were also framed against accused persons on 26.2.2020. However, the trial could not be concluded for the reason that the accused were not cooperating with the trial. It is further submitted that the order sheet itself shows that the accused Sachin, after getting bail, remained absent. Thereafter, again on issuance of N.B.W., he sought bail, however, after getting bail he again absented himself. Thereafter, the court below again issued N.B.W against him. Therefore, the accused persons, especially, opposite party No.2 Sachin is abusing the process of Court. 4. Though the Apex Court in the case of High Court Bar Association Allahabad vs. State of U.P. and others; Criminal Appeal No. 3589 of 2023 has observed that the constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any court and again in the recent judgement in Sangram Sadashiv Suryavanshi vs. State of Maharastra; 2024 SCC OnLine SC 3526, the Apex Court reiterated the guidelines laid down in High Court Bar Association Allaqahabad(supra). However, considering the fact that the charges were framed against the accused on 26.2.2020 and accused are not cooperating with the trial, the court below is directed to conclude the trial of the aforesaid case as expeditiously as possible within one year, without giving unnecessary adjournment to any of the parties. 5. It is further provided that for ensuring presence of the accused, the court below may adopt coercive measures and, if required, it may take custody of the accused who are not cooperating with the trial. 6. With the aforesaid direction, the application is disposed of. Order Date :- 23.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad