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2025 DAILYLAW 8960 (ALL)

SMT. MADHURI GIRI v. STATE OF U.P. AND 4 OTHERS

A482/3500/2025 · 2025-04-29

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68270 Court No. - 75 Case :- APPLICATION U/S 482 No. - 3500 of 2025 Applicant :- Smt. Madhuri Giri Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Arpit Mishra,Ramji Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Arpit Mishra, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The instant application has been filed to direct the A.C.J.M.-II, Kanpur Nagar to conclude and decide the case No. 54521 of 2016, arising out of case crime No. 1232 of 2015, under Sections 498A, 323, 504, 506, 420 IPC and 3/4 D.P. Act, P.S. Kalyanpur, District Kanpur Nagar within stipulated time period. 3. Contention of learned counsel for the applicant is that the applicant is the first informant and the proceeding in question has been initiated on the basis of charge sheet submitted by the police after investigation in the F.I.R. lodged by the applicant against opposite party Nos. 2 to 6. 4. Contention of learned counsel for the applicant that though the cognizance was taken on 6.10.2016, the accused appeared before the court below almost after three years and thereafter the applicant was examined as PW-1 on 29.2.2020. However, the accused did not cross-examine the applicant and ultimately the cross examination of the applicant could be completed on 18.5.2024 because the accused kept on taking routine adjournments. It is further submitted that now the examination-in- chief of PW-2 has been completed, but the accused instead of cross examining the PW-2, kept on taking routine adjournment. Therefore, for that reason the trial of the case could not be concluded. 5. 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 and again in the recent judgement in Sangram Sadashiv Suryavanshi vs. State of Maharastra; 2024 SCC OnLine SC 3526, the Apex Court reiterated the guidelines laid down in High Court Bar Association Allaqahabad(supra). However, considering the fact that the present case arises out of the offence against women and the trial is pending since 2016 and even the examination of PW-1 could be completed in four years, the court below is directed to conclude the trial of the aforesaid case as expeditiously as possible within a period of one year, without giving unnecessary adjournment to any of the parties. 6. It is further provided that for ensuring presence of the accused, the court below may adopt coercive measures. 7. With the aforesaid direction, the application is disposed of. Order Date :- 30.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad