INFORMANT THRU. CASE CRIME NO. 0036/2017, POLICE STATION DHAMMUAR, DISTT. SULTANPUR v. STATE OF UP THRU. ADDL. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2696/2025 · 2025-04-24
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130700 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130700 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23344 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2696 of 2025 Applicant :- Informant Thru. Case Crime No. 0036/2017, Police Station Dhammuar, Distt. Sultanpur Opposite Party :- State Of Up Thru. Addl. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rakesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard Shri Rakesh Kumar Yadav, learned counsel appearing for the applicant and learned AGA for the State. Present case has been preferred under Section 483 Cr.P.C./529 B.N.S.S. with following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to expeditious disposal of the Session Trial No. 212 of 2018 (State vs. Mokim) pending before Additional Session Judge/Fast Track Court No. 1 Sultanpur, in case crime No. 36 of 2017, U/S 420, 376, 313, 504, 506 IPC Police Station- Dhammaur, District Sultanpur, pending the case since 03.7.2018 and disposal of according to law within time stipulated by Hon'ble Court."
Brief facts of the present case are that the applicant has lodged an FIR dated 24.03.2017 under Sections 420, 376, 504, 506, 313 IPC against one accused person alleging therein that the victim was physically exploited by making false promise of marriage and due to the forcible physical relationship, she had undergone abortion process also. The police after investigation has filed the charge sheet against the applicant and three other accused persons, whose names were cropped up during the investigation. The trial is going on. The cross examination of P.W. 4 is almost going to be completed and now only the witnesses of fact are left to be examined and thereafter, the defense is to produce witnesses in their defense. The court concerned is granting/allowing the applications moved by the accused persons for exemption from appearance and it has been granted by passing an order. This fact may be seen from the order dated 19.03.2024, 30.04.2024, 18.05.2024,
06.07.2024,
20.08.2024,
20.09.2024, 12.11.2024 & 07.12.2024. Hence, the applicant has approached this Court for issuance of direction to the court concerned to decide the trial within a stipulated time, as this Court may fix.
Learned Counsel for the applicant has submitted that due to leniency shown by the court concerned by allowing the application for exemption from appearance moved on behalf of accused persons, the proceedings are being
intentionally dragged on causing harassment to the applicant. On the other hand, learned AGA is unable to dispute the
submissions made by learned counsel for the applicant. After hearing learned counsel for the parties and going through the record of the case, it is found that the
submissions put forth by learned counsel for the applicant is correct that the court concerned has allowed the applications for exemption from appearance moved by accused persons, causing harassment to the applicant. As such, the present application is disposed of with a direction to the court concerned to make endeavour to decide the Session Trial No. 212 of 2018 (State vs. Mokim), case crime No. 36 of 2017, under Sections 420, 376, 313, 504, 506 IPC Police Station- Dhammaur, District Sultanpur expeditiously, in accordance with law, without granting any unnecessary adjournment and exemption from appearance shall not be granted in a routine manner. If any adjournment is necessarily sought by either of the parties, only short dates may be given.
Order Date :- 24.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench