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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11762 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. By means of the present petition, the petitioner has sought for a suitable direction to the learned Civil Judge (JD-I), Gautambuddh Nagar to decide the Criminal Case No.7261 of 2022, titled State v. Akhilesh Mishra, arising out of Case Crime No.0047 of 2021, under Sections 406, 420, 467, 468, 471 IPC, P.S. Phase-III, District Gautambuddh Nagar, within stipulated time.
3. Learned counsel for the petitioner submits that the petitioner lodged an FIR against the respondent no.2 to 4 and others on 10.1.2021, registered as Case Crime No. 0047 of 2021, under Sections 406, 420, 467, 468, 471 IPC was registered on 10.01.2021 against the accused. After completion of the investigation, the police filed a charge-sheet on 30.10.2021 against respondent no. 2 to 4. Upon submission of the charge-sheet, the learned trial court issued summons to the accused vide order dated 12.01.2022. Thereafter, the matter has been listed on as many as 37 occasions up to August 2025, without any meaningful progress. It is further submitted that on 16 dates, the exemption applications were allowed mechanically, without recording any plausible reasons or applying judicial mind to their repeated non-appearance. The orders dated 14.08.2024 and 23.05.2024 indicate that the discharge application of the accused was pending and that a final opportunity had been granted to address the arguments on charge.
4. Upon perusal of the orders passed by the learned trial court, it is evident that no effective steps have been taken by the trial court to expedite the proceedings, despite the matter having been listed on more than 50 occasions. Instead, exemption applications of the accused have been allowed Versus Counsel for Petitioner(s) : Ved Byas Mishra Counsel for Respondent(s) : G.A. Aman Mehra .....Petitioner(s) State Of Up And 3 Others .....Respondent(s)
in a routine and mechanical manner, without recording any plausible reason. The FIR was registered more than four years ago, yet the framing of charge is still awaited, which is indeed regrettable. The terms of bail categorically require the accused to remain present before the trial court as and when
directed. However, instead of ensuring their presence, repeated exemption applications have been allowed. Such an approach undermines the mandate of a fair and speedy trial.
5. In view of the above facts and circumstances, the present petition is
disposed of with a direction to the learned Civil Judge (JD-I), Gautambuddh Nagar to conclude the Criminal Case No. 7261 of 2022, titled State v. Akhilesh Mishra, arising out of Case Crime No. 0047 of 2021, under Sections 406, 420, 467, 468, 471 IPC, P.S. Phase-III, District Gautambuddh Nagar, expeditiously at the earliest.
6. The trial court is, therefore, directed to exercise due caution and judicial discretion while considering any application seeking exemption from personal appearance and to ensure that the conditions of bail are strictly complied with. If any adjournment is granted, appropriate reasons shall be clearly reflected in the order. The trial court shall also take all necessary steps to secure the presence of the accused to ensure the effective adjudication of the case. In the event of non-appearance of the accused, the trial court shall initiate proceedings for forfeiture of the bail bonds in accordance with law.
7. The Registrar (Compliance) is directed to transmit a copy of this order to the learned District Judge, Gautambuddh Nagar, for information and effective compliance. October 9, 2025 A. Tripathi A227 No. 11762 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad