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2025 DAILYLAW 14192 (ALL)

PRADEEP GUPTA v. STATE OF U.P. AND ANOTHER

A483/316/2025 · 2025-03-03

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30690 Court No. - 82 Case :- APPLICATION U/S 483 No. - 316 of 2025 Applicant :- Pradeep Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avneesh Tripathi,Raghwendra Prasad Mishra 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 court concerned to decide the application dated 3.5.2019 filed under Section 319 CrPC in Case No. 1106 of 2011, arising out of case crime no. 582 of 2010, under Sections 420, 467, 468, 471, 406 IPC, Police Station Kwarsi, District Aligarh pending in the Court of Chief Judicial Magistrate, Aligarh, 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 an application under Section 319 CrPC was moved by the applicant in pursuance of the order dated 12.4.2019 passed in the application U/S 482 No. 16861 of 2017, however, the said application is still pending and meanwhile co-accused Mihilal and Chunnilal are said to have expired but the death report of Chunnilal is still awaited whereas the proceeding of the case has already been abated against Mihilal. 4. I have considered the submissions and perused the entire record. 5. In the circumstances, the Court concerned is directed to obtain death report in respect of the co-accused Chunnilal, who is said to have expired, within one month from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the application under Section 319 CrPC preferably within two months, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 6. 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 executive authorities, counsels, parties to the case, staff etc. 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. 7. With the above observations, the application stands disposed of. Order Date :- 4.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad