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2025 DAILYLAW 159033 (ALL)

RAM PAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A483/665/2025 · 2025-08-22

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49598 Court No. - 27 Case :- APPLICATION U/S 483 No. - 665 of 2025 Applicant :- Ram Pal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for State and perused the record. 2. The present application under Section 483 CrPC/529 BNSS has been filed with the prayer to direct the Special Judge (Prevention of Corruption Act), Court No.5, Gorakhpur to separate the Special Trial in respect of applicant and decide the Special Trial No.06 of 2014 (State Vs. Om Prakash Tiwari and Others), arising out of Case Crime No.117 of 2006, under Sections 419, 420, 467, 468, 471, 120-B IPC and Section 13 (1) D Prevention of Corruption Act, police station Nawabganj, district Gonda expeditiously within the stipulated period as fixed by this Court, in the interest of justice. 3. Learned counsel for the applicant submits that opposite party no.2 lodged an FIR on 23.05.2006 against the applicant and eight other accused, which was registered as Case Crime No.117 of 2006, under Sections 467, 468 and 471 IPC and Section 13 (1) D Prevention of Corruption Act. He submits that though different charge-sheets were submitted by Investigating Officer against other accused persons on 02.08.2010 upon which cognizance was taken by the court below on 24.04.2024 and Special Trial No.06 of 2024 was registered but charge-sheet was submitted against the present applicant on 19.06.2021, therefore applicant moved an application on 27.08.2024 with the prayer to separate his trial from other accused persons and expedite the proceedings. 4. Learned counsel for the applicant submits that applicant is aged about 72 years and since the other accused persons did not appear on the date fixed by the court below and trying to linger on the trial proceeding, the trial is delaying and due to pendency of trial, the post-retiral dues of the applicant has not been paid to him though he had retired from service in the year 2013. He further submits that aforesaid application of the applicant has not been decided by the court below till date. He therefore prayed that a direction may be issued to the court below to decide his application dated 27.08.2024 at the earliest. 5. Learned A.G.A. submits that though the Investigating Officer submitted different charge-sheets against other accused persons on 02.08.2010 but charge-sheet has been submitted against the applicant on 19.06.2021 but he does not dispute the fact that the applicant is now aged about 72 years and he has no objection in case a direction is issued by this Court to decide the aforesaid application moved by the applicant. 6. Considering the submissions urged by learned counsel for the parties as well as other relevant documents appended with the application this Court finds that as the applicant is aged about 72 years, the alleged offence is of the year 2006 and the trial is pending since 2014 in which other accused persons did not cooperate to conclude the proceeding therefore, a direction is issued to the court below to decide application of the applicant dated 27.08.2024 within a period of one month from the date of receipt of the order by means of reasoned and speaking order. 7. The application stands disposed of. Order Date :- 22.8.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench