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2025 DAILYLAW 144605 (ALL)

JAICHAND YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 6 OTHERS

A483/489/2025 · 2025-06-05

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34646 Court No. - 4 Case :- APPLICATION U/S 483 No. - 489 of 2025 Applicant :- Jaichand Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 6 Others Counsel for Applicant :- Faizal Hashmi Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J. 1.Heard learned counsel for the petitioner and the learned A.G.A., for the State-respondents. 2. The present petition under Section 483 Cr.P.C. (Now U/s.529 B.N.S.S) has been preferred by the petitioners with the following main prayer:- "(1) To direct the Learned Additional Sessions Judge, Court no.3 District Bahraich to conclude the proceedings of Sessions Trial No.131 of 2012 (State v. Talukdar and Ors) pending before the Learned Additional Sessions Judge, Court No.3 Bahraich, under Sections 147, 148, 149, 302, 307, 504 & 506 IPC in Case Crime No.270/2011 P.S. Kaiserganj District Bahraich on a day to day basis till the conclusion of case." 3. At the very outset, learned counsel for the petitioner has confined his prayer to the extent that a direction may be issued to the Court concerned to decide the matter expeditiously, within the stipulated time as this court may deem fit. Learned counsel for the petitioners has placed reliance on the judgment of this Court in Ram Dhari Pal v State of U.P. and 2 Ors (Application U/s 482 no.35789 of 2023) as mentioned in para-15 of the petition wherein a direction was given to conclude the trial of the complaint case within a period of six months. 4. Learned A.G.A., submits that he has no objection in case an expedite order is passed. 5. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent to consider and decide the pending Sessions Trial No.131 of 2012 (State v. Talukdar and Ors) pending before the Learned Additional Sessions Judge, Court No.3 Bahraich, under Sections 147, 148, 149, 302, 307, 504 & 506 IPC in Case Crime No.270/2011 P.S. Kaiserganj District Bahraich most expeditiously, provided there is no legal impediment affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. 6. It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the case of the petitioner strictly in accordance with law. 7. With the aforesaid, the petition is disposed of. Order Date :- 5.6.2025/Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench