SMT. SHAKUNTALA DEVI v. STATE OF U.P. AND 2 OTHERS
A483/2513/2024 · 2025-03-09
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110552 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110552 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36072 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2513 of 2024 Applicant :- Smt. Shakuntala Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prajjwal Tyagi,Sanjeev Kumar Tyagi 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 concerned to decide the Case No.13 of 2010 (State Vs. Dharmendra and others) arising out of case crime no.446 of 2009, under Sections 323, 324, 504 IPC, Police Station Kydganj, District Allahabad (Prayagraj) pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Allahabad (Prayagraj), expeditiously. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is the informant in this case. It is a police challani case. Charge-sheet was submitted in this matter on 25.12.2009 whereas cognizance in this case was taken on 6.1.2010. The present case pertains to the year 2010 wherein opposite parties no.2 & 3 are accused persons. Although an order was passed previously by this Court to issue notice to the opposite parties no.2 & 3 but however since they are absconding, no notice is required to be sent to them. It is also submitted that after framing of the charge, the trial court found that the offence under section 392 IPC is also made out against them and they were summoned under section 392 IPC as well. However, the accused persons are not appearing before the trial court. It is also submitted that an Application u/s 482 Cr.P.C. No.16670 of 2022 was preferred by the accused / opposite parties no.2 & 3 before this Court but however they are not appearing in the said proceedings as well. Submission has been made at Bar that no stay order or any effective order has been passed in the proceedings under section 482 Cr.P.C. The matter is very old and still pending at the stage of appearance of the accused persons. Earlier an Application u/s 482 Cr.P.C No.13744 of 2019 was preferred by the present applicant before this Court wherein the trial court granted one year time to dispose of the case vide order
dated 16.4.2019. 4. I have considered the submissions and perused the entire record. 5.
It appears from the perusal of the record that the matter is still pending to procure the appearance of the accused persons. 6. In the circumstances, the Court concerned is directed to procure the appearance of the accused persons of this case as per law within a period of three months from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and no adjournment or exemption for appearance will normally be granted to the accused persons on any ground whatsoever and thereafter all endeavours shall be made by it for the expeditious disposal of the aforesaid case, preferably within a period of one year, if there is no legal impediment. 7. 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 etc. 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. 8. With the above observations, the application stands disposed of. Order Date :- 10.3.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad