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2025 DAILYLAW 152766 (ALL)

MOHAMMAD RAIS KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

A483/555/2025 · 2025-07-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44122 Court No. - 15 Case :- APPLICATION U/S 483 No. - 555 of 2025 Applicant :- Mohammad Rais Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Pankaj Verma,Deepansi,Kuldeep Kumar Srivastava,Mangal Sen Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pankaj Verma, learned counsel for the applicant, Sri Shikhar Srivastava, learned AGA for the State and perused the records. 2. By means of the instant application filed under Section 483 Cr.P.C., the applicant has sought issuance of a direction to the Chief Judicial Magistrate, Ayodhya to conclude the trial of Criminal Case No. 152 of 2020, arising out of FIR No. 0237 of 2018, under Sections 323, 325, 504, 506 IPC, Police Station Kotwali Ayodhya, District Ayodhya, pending since 07.05.2018, expeditiously. 3. Although, it has been stated in the prayer clause of the application that the trial is pending since 07.05.2018, the learned counsel for the applicant has stated that the trial court has framed charges on 11.04.2025. The trial has commenced only after framing of the charges and the submission of the learned counsel for the applicant that trial is pending since the year 2018 is incorrect. 4. The learned counsel for the applicant next submitted that the applicant is made to attend all the dates fixed before the trial court which is causing undue hardship to the applicant. However, a perusal of the order sheet of the trial court annexed with the application indicates that almost on all the dates exemption of appearance of the petitioner has been sought and, therefore, the submission of the learned counsel for the petitioner that the petitioner is attending all the dates fixed in the trial court and he is facing harassment for the aforesaid reason, is also factually incorrect. 5. It is a matter of common knowledge that all the trial courts are overburdened with cases, most of which are very old cases. In these circumstances, this Court does not find any reason for issuing a direction for the trial court for expediting the trial of a case in which charges have been framed very recently. 6. Accordingly, the application under Section 483 is rejected at this stage. Order Date :- 30.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench