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2025 DAILYLAW 14049 (ALL)

SANJAY KUMAR v. STATE OF U.P.

A483/175/2025 · 2025-05-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72248 Court No. - 80 Case :- APPLICATION U/S 483 No. - 175 of 2025 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava 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 learned trial court to decide Session Trial No. 172 of 2019 (State Vs. Mukhiya and others), arising out of Case Crime No. 104 of 2019, under Sections 302, 323, 427, 120-B, 147, 148, 149, 404, 34 I.P.C., Police Station Thariyaon, District Fatehpur, pending before the learned Additional Sessions Judge, Court No. 1, Fatehpur, 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 is the informant of this case. It is further submitted that it is very old case pertaining to the year 2019. It is next submitted that all the accused persons are not appearing together before the court which caused delay in proceeding of the trial and charges have not been framed by the trial court. After long time, discharge application was moved by the accused persons which is pending. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to decide the discharge application moved by the accused persons within two months from today and in case discharge application is rejected, subsequently to make all the endeavours for expeditious disposal of the Session Trial No. 172 of 2019 (State Vs. Mukhiya and others), arising out of Case Crime No. 104 of 2019, under Sections 302, 323, 427, 120-B, 147, 148, 149, 404, 34 I.P.C., Police Station Thariyaon, District Fatehpur, pending before the learned Additional Sessions Judge, Court No. 1, Fatehpur, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. 7. 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 execution authorities, advocates, 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. 8. With the above observations, the application stands disposed of. Order Date :- 6.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad