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2025 DAILYLAW 31740 (ALL)

HEERA PRASAD ALIAS HIRA LAL YADAV AND 3 OTHERS v. STATE OF UP AND ANOTHER

A482/6976/2024 · 2025-07-15

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115680 Court No. - 79 Case :- APPLICATION U/S 482 No. - 6976 of 2024 Applicant :- Heera Prasad Alias Hira Lal Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabha Shanker Pandey,Sarvendra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. No one has put appearance on behalf of the applicants even in the revised call of the cause list. 2. Applicants have filed this application under Section 482 Code of Criminal Procedure for quashing the impugned order dated 06.11.2020 as well as the entire proceedings of Sessions Trial No. 386 of 1991; State vs. Jagdish and others, arising out of Case Crime No. 111 of 1979, under Sections 147, 148, 149, 302, 307, 332, 336, 337, 341, 433 IPC and 7 Criminal Law Amendment Act, Police Station Naini, District Allahabad pending before the Special Judge (E.C. Act), District Allahabad. 3. Perusal of record shows that the subject trial pertains to the occurrence which took place in the year 1985 and initially the charge sheet was filed against 35 accused persons, whereas later on, the charge sheet against another set of 21 accused persons was filed. Applicants of the instant application are facing the trial, and since, the same is likely to take considerable time as the prosecution is to examine nearly 68 witnesses, therefore, it is claimed that the proceedings of the said trial deserves to be quashed as the continuation of the same is nothing, but violation of Article 21 of the Constitution of India and therefore, praying for quashing of the impugned order as well as criminal proceedings against them. 4. Learned AGA submits vehemently opposed the prayer of application and submitted that it is no where disputed in the application that after framing of charges against the applicant-accused and commencement of trial, the prosecution has examined approximately six witnesses and all those witnesses have been cross-examined by the applicants. He further submits that trial proceedings are going on, therefore, no interference is warranted by this court. 5. Considered the submission advanced by the learned AGA as well as the material available on record, this Court does not find it to be a fit case for exercise of inherent powers under Section 482 CrPC as the applicant had never challenged the order framing charges, who has also participated in the trial proceedings by cross examining the prosecution witnesses. Since, the onus is yet to be discharged by the prosecution and the same cannot be curtailed, at this stage, merely on the ground of delay in conclusion of trial, therefore, no case is made out for interference. 6. The application filed under section 482 Cr.P.C. fails and is accordingly, dismissed. Order Date :- 16.7.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad