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Neutral Citation No. - 2025:AHC:68183 Court No. - 75 Case :- APPLICATION U/S 482 No. - 44126 of 2024 Applicant :- Smt. Reshma Rathaur Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Harshit Gupta Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Harshit Gupta, learned counsel for the applicant and Sri Anish Kr. Gupta, learned A.G.A. for the State.
2. The instant application has been filed to direct the court below to decide the criminal case No. 18850 of 2019, arising out of case crime No. 979 of 2018, under Sections 498A, 377, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kalyanpur, District Kanpur Nagar within stipulated period.
3. Contention of learned counsel for the applicant is that though the charges have been framed on 20.8.2024 and subsequently the applicant was also examined as PW-1, the accused instead of cross examining the applicant kept on seeking repeated adjournment, therefore, the trial of the case could not be proceeded further.
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 present case arises out of the offence against women, the court below is directed to conclude the trial of the aforesaid case as expeditiously as possible, 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.
6. With the aforesaid direction, the application is disposed of. Order Date :- 30.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad