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Court No. - 76 Case :- APPLICATION U/S 482 No. - 40247 of 2023 Applicant :- Madan Gopal Keshari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awashesh Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicant and learned A.G.A. For the State.
2. The present application has been filed by the applicant seeking direction to learned Judicial Magistrate, Court No. 6, Ghazipur to decide the Criminal Complaint Case No. 6509 of 2021 (Madan Gopal Keshari Versus Rakesh Kumar) under Section 138 N.1. Act, Police Station-Kotwali, District Ghazipur.
3. Learned counsel for the applicant submits that the proceedings before the court concerned be directed to be concluded in a time bound manner. It is submitted by
learned counsel for the applicant that the applicant is the informant before the court concerned.
4. Learned AGA submits that the speedy trial is one of the essential requirement of judicial process and he submits that the present application may be decided in terms of judgement dated 29.2.2024 passed by Supreme Court in High Court Bar Association, Allahabad Vs State of U.P and others – 2023 INSC 150.
5. In view of the aforesaid, the present application is disposed of with a direction to the court concerned to expedite the proceedings of the aforesaid case and conclude the same, at the earliest possible within a period of six months, without granting any unnecessary adjournment to either of the parties, by fixing short dates, in accordance with law. It goes without saying that the prosecution shall co-operate in the trial court proceeding and shall produce the prosecution witness without delay. The accused person shall also not be granted any unnecessary adjournment by the court concerned.
6. It is also provided that in the event there is any legal impediment before the court concerned in disposal of the case, then the court concerned shall pass an appropriate order disclosing the legal impediment as to why the proceedings of the above mentioned case cannot be proceeded with.
7. The present application is accordingly disposed of with the aforesaid direction.
Order Date :- 22.7.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad