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2025 DAILYLAW 108837 (ALL)

FURQAN AHMED v. State of UP AND 6 OTHERS

A227/16151/2024 · 2025-03-03

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:30520 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16151 of 2024 Petitioner :- Furqan Ahmed Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Faheem Ahmad,Zafar Abbas Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Zafar Abbas, learned counsel for petitioner and Sri Jatin Kumar Mishra, Advocate holding brief of Sri Ashish Gupta, learned counsel for respondent no.5 as well as learned AGA. 2. Specific prayer has been made through the instant petition that a direction be issued to the learned Additional Sessions Judge/Special Judge (E.C. Act), Azamgarh to expedite disposal of Session Trial No.198 of 2021 (State Vs. Rizwan and others), arising out of Case Crime No.29 of 2021, under Sections 302, 504, 34, 120B IPC, P.S. Mehnagar, District Azamgarh, within stipulated period. 3. Learned counsel for petitioner submitted that petitioner is informant in the said case and matter relates to Section 302 IPC. Learned counsel for petitioner further submitted that in the said case, there are 14 prosecution witnesses and till today, only four witnesses have been examined. It has also been submitted by learned counsel for petitioner that trial of the said case is pending since 2021 wherein petitioner is running from pillar to post to get justice and bring the trial to its logical conclusion but all his efforts have been gone in vain. 4. Per contra, learned counsel for respondent no.5 as well as learned AGA vehemently opposed the prayer by way of submitting that trial is going on. 5. After having the rival submissions extended by learned counsel for parties, it is apparent that there are 14 prosecution witnesses in the said criminal case wherein four witnesses have been examined and remaining ten prosecution witnesses have to be examined, meaning thereby, trial is going on and as such, prayer sought through the instant petition cannot be extended at this stage but at the same time, learned Additional Sessions Judge/Special Judge (E.C. Act), Azamgarh is hereby directed to conclude the examination of all the prosecution witnesses within a period of four months from the date of presentation of a certified copy of this order before it without granting any unnecessary adjournments, if there is not legal impediment. 6. However, petitioner will be at liberty to approach this Court for same prayer as sought through the instant petition after relevant time. 7. In view of the aforesaid direction, the instant petition is disposed of. Order Date :- 4.3.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad