SWAMINATH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 5 OTHERS
A483/431/2025 · 2025-09-10
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141286 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141286 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 431 of 2025
Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. On 02.06.2025, the following order was passed:
"1. Heard Sri Sachin Shukla, learned counsel appearing for the applicant and learned Additional Government Advocate appearing for the State. 2. Learned counsel appearing for the applicant has contended that the First Information Report No. 0298 of 2020 had been lodged on 1.10.2020 under Sections 452, 323, 504 and 324 I.P.C. in Police Station Baldirai, District Sultanpur. It has further been contended that the Investigating Officer, after completing investigation, had submitted Charge-Sheet before the competent court and cognizance had been taken on 8.1.2021. 3. Learned counsel appearing for the applicant has submitted that from the date of taking cognizance over the Charge-Sheet only dates are being fixed by the court for appearance of the accused. It has further been submitted that the applicant/informant has filed an application before the court concerned for issuance of non bailable warrant for ensuring the presence of the accused but till date, no positive efforts have been made by the court concerned. 4. Learned counsel appearing for the applicant has vehemently argued that the criminal cases are to be disposed of at the earliest but in the instant case, Versus Counsel for Applicant(s) : Sachin Shukla, Anjali Divedi Counsel for Opposite Party(s) : G.A. Swaminath .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 5 Others .....Opposite Party(s)
it is apparent from the order-sheet of the case that the court concerned is not taking any interest for expeditious disposal of the case therefore, it would be in the interest of of justice, if this Court may issue a direction to the court concerned to expedite the proceedings for ensuring the presence of the accused and thereafter disposal of the criminal case. 5. I have considered the arguments advanced by the learned counsel appearing for the applicant and I find that cognizance over the Charge-Sheet was taken by the court way back on 8.1.2021 and since then, only dates are being fixed and no positive efforts have been made for ensuring the presence of the accused.
I further find that even the applicant/informant has filed an application praying therein for issuance of non bailable warrant against the accused for ensuring their presence but that has also not been taken into account by the court till date. 6. Let this matter be listed on 17.6.2025 as fresh, in top ten cases. 7. Learned Additional Chief Judicial Magistrate, Court No.20, District Sultanpur is hereby directed to submit a report before this Court explaining therein, as to what steps have been taken by him for ensuring the presence of the accused before the court. 8. The Registrar (Compliance) of this Court is directed to communicate this
order to the learned Additional Chief Judicial Magistrate, Court No.20, District Sultanpur, forthwith." In compliance thereof, the Additional Chief Judicial Magistrate, Sultanpur has placed her report dated 16.06.2025. On perusal of the report, it transpires that no application is moved after 04th of March,
2024. It is also noted in the report that the applicant/informant had moved an application on 15.03.2021 that the matter has been settled in between the parties. Be that as it may, the speedy trial is the fundamental right and, therefore, ensuring the same, the Court is invoking the power under Section 529 of BNSS. Let the Additional Chief Judicial Magistrate, Sultanpur decide the matter expeditiously and conclude the trial of Criminal Case No. 36 of A483 No. 431 of 2025 2
2021; State of U.P. Vs. Vijay Kumar and Others, arising out of Case Crime No. 298 of 2020, under Sections 452, 323, 504, 324 and 325 of IPC, Police Station Baldirai, District Sultanpur, in accordance with law. With the aforesaid observation, the instant application stands
disposed of. September 10, 2025 kkv/ A483 No. 431 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench