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Neutral Citation No. - 2025:AHC:74761 Court No. - 80 Case :- APPLICATION U/S 483 No. - 134 of 2025 Applicant :- Sri Brahmadev Yadav Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Jitendra Pratap Singh 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 Addl. District & Sessions Judge / Special Judge (Prevention of Corruption Act), Court No.3, Gorakhpur to decide the Session Trial No.390 of 2015 (State Vs. Mukesh Shukla and others) arising out of case crime no.399 of 2014 under Sections 302, 147, 148, 149, 34, 216, 120-B IPC, Police Station Cantt., District Gorakhpur pending before it, expeditiously within a stipulated period.
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 before this Court is the informant in this case, which is pending since 2015. The evidence of witnesses of fact now has been completed and the matter is running at the stage of recording the evidence of formal witnesses. One of the accused namely, Vinod expired during the proceedings of the trial but his death report has not been sent to the trial court.
4. In these circumstances, the learned trial court is directed to obtain the death report of accused Vinod in any case within a period of one month from the date of production of certified copy of this order before it and then thereafter make all possible endeavours to record the evidence of formal witnesses. Since the case is very old, the trial court shall make all possible efforts for final disposal of the aforesaid session trial, if there is no legal impediment, within a period of six months from today. It is further
directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties.
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 :- 6.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad