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Allahabad High Court · body

2025 DAILYLAW 195783 (ALL)

RAFIQ RIZVI ALIAS RAFIQ KHAN v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A483/1038/2025 · 2025-12-10

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 1038 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant as also the learned A.G.A. for the State and perused the record. The instant application under Section 483 Cr.P.C. has been filed by the applicant with the prayer to direct the court below to decide the application under section 311 Cr.P.C. pending in the court of Special Judge (P.C Act-5)-1, Lucknow, in Sessions Trial No.1601 of 2022 (State Vs. Rafiq Rizvi) under Sections 302, 201 and 501 IPC arising out of Case Crime No.550 of 2016, Police Station Godamba, District Lucknow expeditiously within stipulated time granted by this Hon'ble court. It has been submitted by learned counsel for the applicant that the said application under Section 311 Cr.P.C. has been moved by the applicant on 15.10.2025 and no substantial progress has been made in this application. Learned A.G.A. has opposed the prayer on the ground that the application is of very recent date. There is nothing on record which indicates that the trial court is evading the proceeding. The applicant may press the application before the trial court, but certainly this application is presently at premature stage. The same is accordingly dismissed. December 10, 2025 A.Nigam Versus Counsel for Applicant(s) : Ganga Prasad Mishra, Abhinav Mishra Counsel for Opposite Party(s) : G.A. (Brij Raj Singh,J.) Rafiq Rizvi Alias Rafiq Khan .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench