BINDU PRAKASH PRAJAPATI v. STATE OF U.P. AND 3 OTHERS
A482/44477/2024 · 2025-09-14
Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111914 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111914 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 44477 of 2024 Court No. - 89 HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State-opposite party No. 1.
2. The instant application under Section 482 Cr.P.C. has been filed by the applicant for a direction to the learned Additional Sessions Judge, court No. 14, Varanasi for expeditious disposal of Sessions Trial No. 910 of 2021 (State vs. Shri Ram and others) arising out of Case Crime No. 186 of 2021, under Section 304 IPC, Police Station Mirzamurad, District Varanasi.
3. Learned counsel for the applicant submits that w.e.f. 19.05.2023, i.e. more than two years, the applicant being PW-1 is continuously presenting himself before the court concerned, however, on account of delaying tactics adopted by the defence, his cross-examination is not being recorded and, therefore, appropriate directions may be issued by this Court.
4. Learned A.G.A. submits that no direction for expeditious disposal of concerned case can be issued without knowing the status of other cases pending in the court, however, he does not dispute the correctness of the certified copy of order sheet, which reflects that for the last more than two years, the applicant (PW-1) is continuously appearing for getting the cross-examination recorded, but the same has not been recorded.
5. Though, the order sheet upto 08.11.2024 has been annexed along with Versus Counsel for Applicant(s) : Ashish Kumar Mishra, Sanjay Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Bindu Prakash Prajapati .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
the application, learned counsel submits that this application was filed in December, 2024 and has been taken up for the first time by this Court and during past period of nine months also, cross-examination of PW-1 has not been recorded.
6. In view of above, the instant application is disposed of directing the court concerned to positively get conducted/recorded cross-examination of PW-1 (applicant) by the end of October, 2025 and not later than that. In case, the date in the matter is already fixed, the same shall be adjusted accordingly, provided a copy of this order is filed by the applicant before the court concerned within ten days from today. September 15, 2025 Sazia A482 No. 44477 of 2024 2 (Kshitij Shailendra,J.) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad