SARDARI LAL KESARWANI v. STATE OF U.P. AND ANOTHER
A482/2068/2025 · 2025-04-09
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9972 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9972 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:52714 Court No. - 75 Case :- APPLICATION U/S 482 No. - 2068 of 2025 Applicant :- Sardari Lal Kesarwani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Dwivedi Counsel for Opposite Party :- Ashvani Tripathi,G.A.,Shubham Kumar Yadav Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Dhirendra Kr. Dwivedi, learned counsel for the applicant, Sri Ashvani Tripathi, learned counsel for opposite party No.2 and Sri Ramesh Kumar, learned A.G.A. for the State.
2. The instant application has been filed to direct the trial court to decide the S.T. No. 1710 of 2024, arising out of case crime No. 20 of 2024, u/s 498A, 304B IPC and 3/4 D.P. Act, P.S. Mutthiganj, District Prayagraj, within stipulated period.
3. Contention of learned counsel for the applicant is that in the cross case, lodged by opposite party No.2, trial has been expedited in a bail application, therefore, the case in question may also be
directed to be decided expeditiously.
4. Though the Apex Court in the case of High Court Bar Association Allaqahabad 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, the court below is directed to conclude the trial of the aforesaid case as expeditiously as possible, without giving unnecessary adjournment to any of the parties.
5. It is further provided that for ensuring presence of the accused, the court below may adopt coercive measures.
6. With the aforesaid direction, the application is disposed of.
Order Date :- 10.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad