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2025 DAILYLAW 95818 (ALL)

RAJENDRA KUMAR UPADHYAY v. STATE OF U.P. AND 3 OTHERS

A483/1722/2024 · 2025-01-09

Nalin Kumar Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:6752 Court No. - 82 Case :- APPLICATION U/S 483 No. - 1722 of 2024 Applicant :- Rajendra Kumar Upadhyay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Udai Prakash Deo Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned Chief Judicial Magistrate, Varanasi to decide the trial of Case Crime No.337 of 2016 (State Vs. Krishna Kumar Upadhyay and others) under Sections 323, 504, 325 IPC, Police Station Sigra, District Varanasi pending in the Court of Chief Judicial Magistrate, Varanasi, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the present matter pertains to the year 2016. Charge-sheet in this matter was filed on 26.7.2016 and cognizance was taken by the court on 12.9.2016 and since then several dates were fixed for framing of the charge. Meanwhile one of the accused persons Sumit Kumar Upadhyay alias Pawan Kumar Upadhyay was declared juvenile and his case was separated and sent for trial to Juvenile Justice Board. Another accused Krishna Kumar Upadhyay died during the proceedings of the case and now the sole accused Abhishek Puri is contesting the case. It is further submitted that the learned trial court has failed even to frame charge in this matter against the sole surviving accused and this fact finds support from the copies of the order-sheets, which have been annexed with the affidavit. 4. Per contra, learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. In these circumstances, the Court concerned is directed to frame charge in this case as per law within two months from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court the accused shall appear before the Court and no adjournment or exemption for appearance will be granted to any of the accused on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 9.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad