RAJ KUMAR v. THE STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 6 OTHERS
A483/387/2025 · 2025-05-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138732 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27350 Court No. - 14 Case :- APPLICATION U/S 483 No. - 387 of 2025 Applicant :- Raj Kumar Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 6 Others Counsel for Applicant :- Ajeet Kumar,Kanchan,Rajeev Kumar,Savita Nandan,Shravan Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant, Sri Rao Narendra Singh, learned AGA for the State-respondents and perused the record. 2. The present application under Section 483 Cr.P.C./529 BNSS has been filed by the applicant with the following main reliefs:
"I. Issue order or direction to direct the learned Chief Judicial Magistrate, District Ambedkar Nagar, to conclude the pending criminal case bearing Case No.:- 173/2014, Case crime No.: 61/2012, U/S: 323, 504,506, 326 IPC in police station:- Kotwali Tanda, District: Ambedkar Nagar, titled as "State of Uttar Pradesh Versus Krishsnawati and others" pending since May 2014 expeditiously within stipulated period as early as possible."
3. Learned counsel for the applicant has submitted that the applicant is the complainant and has lodged an FIR against the respondent nos. 4 to 7 under Sections 323, 504, 506, 326 IPC. A Criminal Case No. 173 of 2014 in pursuance thereof, the Case Crime No. 61 of 2012 is going on since the year 2012 so a direction may be issued to the court concerned to decide the case within a stipulated time as this Court may fix. 4. On the other hand, learned AGA has submitted that from the perusal of the order sheet enclosed by the applicant along with the paper book, it appears that on several dates the witnesses on behalf of applicant were not present though the accused persons were present and there are continuous general dates had also been fixed by the court concerned. He has also relied upon a judgement of the Hon'ble Supreme Court in the case of P. Ramachandra Rao Vs. State of Karnataka (2002) 4 SCC 578 wherein it has been held that speedy trial is a right enshrined under the Constitution of India for the complainant as well as accused both. 5.
After hearing the learned counsel for the parties, going through the record of the case, it is found that there are several dates on which the witnesses on behalf of applicant were not present and the court concerned had fixed
general dates on various occasion hence, the court concerned is directed to make endeavour to decide the case, as expeditiously as possible, in accordance with law, without granting any unnecessary adjournments and by giving short dates, provided there is no other legal impediment, since the case is pending from last 13 years. 6. With the aforesaid observation/direction, the application under Section 483 Cr.P.C./529 BNSS is finally disposed of. Order Date :- 9.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench