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Neutral Citation No. - 2025:AHC:113167 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15834 of 2025 Applicant :- Ajay Kumar Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Indra Mohan Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section - 528 BNSS has been preferred against order dated 08.04.2025, passed by learned Additional Sessions Judge / F.T.C.-I, Hapur in S.T. No. 349 of 2019 (State Vs. Brahmpal Singh and Others), arising out of Case Crime No. 256 of 2019, under Sections - 147, 148, 149, 323, 506, 307, 325 I.P.C., Police Station - Hapur Dehat, District - Hapur, whereby the opposite party no.2 to 5 / accused persons have been granted an opportunity to file statement under Section- 313(5) Cr.P.C.. 3. Learned counsel for the applicant submitted that the aforesaid case is pending since the year 2019 and that by order dated 04.11.2022, this Court has directed the Trial court to expedite the proceedings and to conclude the trial preferably within a period of 18 months and to proceed as per provisions of Section - 309 Cr.P.C. on day to day basis. Learned counsel submitted that despite that direction the Trial court has granted opportunity to the accused persons to file statement under Section - 313(5) Cr.P.C., which will delay the trial and thus, the impugned order is liable to be quashed
4. Learned A.G.A. has opposed the application and submitted that
by impugned order the Trial court has granted opportunity to the accused persons to file statement under Section - 313(5) Cr.P.C. and there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. In the instant case, it appears from record that at the stage of statements under Section - 313 Cr.P.C., the accused persons have filed an application that they may be granted an opportunity to file statement under Section - 313(5) Cr.P.C.. Accordingly, the Trial court has granted that opportunity. No material illegality or perversity could be point out in the impugned order.
It is correct that earlier this Court has made a direction for expeditious disposal of the case but that does not mean that Trial court would bye-pass the provisions of law. In view of attending facts and circumstances, no case for interference in the impugned order dated 08.04.2025 is made out. However, needless to state that the Trial court shall proceed with the proceedings as expeditiously as possible and in terms of direction as made in order dated
04.11.2022. 7. With the aforesaid observations, the application u/s 528 BNSS is
disposed of.
Order Date :- 15.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad