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Neutral Citation No. - 2025:AHC:43585 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8555 of 2025 Applicant :- Lalji Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the parties.
2. The instant application has been filed to direct the court below to decide the sessions case No. 1461 of 2023, arising out of case crime No. 417 of 2022, u/s 498A, 304B, 504, 506, 120B IPC and 3/4 D.P. Act, P.S. Khajni, District Gorakhpur within stipulated time.
3. From perusal of the record, it appears that the trial in question could not be concluded because of non cooperation on the part of the accused, though charges have already been framed against them on 2.8.2023.
4. Though the Apex Court in the case of High Court Bar Association Allahabad vs. State of U.P. and others; Criminal Appeal No. 3589 of 2023 has observed that the constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any court, considering the fact that the present case arises out of the offence against women, the court below is
directed to conclude the trial of the aforesaid case as expeditiously as possible, without giving unnecessary adjournment to any of the parties.
5. It is further provided that for ensuring presence of the accused, the court below may adopt coercive measures.
6. With the aforesaid direction, the application is disposed of.
Order Date :- 25.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad