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2025 DAILYLAW 110939 (ALL)

RAMAN v. STATE OF U.P. AND ANOTHER

A482/42712/2024 · 2025-01-15

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6345 Court No. - 78 Case :- APPLICATION U/S 482 No. - 42712 of 2024 Applicant :- Raman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material brought on record. 2. This application under Section 482 Cr.P.C. has been filed by the applicant- Raman, with the prayer to allow this application and direct the Additional Civil Judge (Junior Division), Kairana, District Shamli to conclude the trial of Case No. 221/9 of 2021 (State Vs. Kanhaiya Lal) arising out of Case Crime No. 10 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station Babri, District Shamli, within the time stipulated by this Hon'ble Court, and / or to pass such other and further orders or directions as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. 3. It is submitted that the applicant is an accused in the matter. It is submitted that charge-sheet in the matter was submitted on 04.07.2020 on which cognizance was taken by the court concerned on 31.07.2020 and charge has been framed against the applicant and other co-accused persons. It is submitted that since then the opposite party no.2 / the first informant has not been appearing before the trial court to give his testimony despite various dates being fixed and the witnesses being summoned. 4. Learned counsel for the State opposed the prayer. 5. After hearing the learned counsel for the parties, perusing the records and particularly the order-sheet of the court concerned which is from 31.07.2020 to 05.11.2024, it is evident that on many dates one or the other of the accused amongst four moved applications for adjournments and on some dates the witnesses were not present. There was non-bailable warrant against one of the accused who subsequently appeared. 6. In view of the same, as of now there is no substantial ground for passing any order expediting the trial within a stipulated time. 7. However, the applicant may file an application for expediting the trial before the court concerned within two weeks from today which may as per its load of work, diary and pendency of cases pass appropriate orders on the same within two weeks. 8. The petition stands disposed of. Order Date :- 15.1.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad