Court No. - 51
Case :- APPLICATION U/S 482 No. - 30860 of 2019 Applicant :- Abhimanyu Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The only prayer made by the applicant is that the Addl. District Judge, Court No.1, Allahabad be directed to decide ST No.121 of 2019 arising out of Case Crime No.853 of 2018 u/s 302, 307,120B, 34 IPC PS Colonelganj District Allahabad within a stipulated period.
Contention of the learned counsel for the applicant is that one of the witnesses of the incident namely Rohit Shukla has been murdered and thus, it is in the interest of justice if the trial is concluded as expeditiously as possible.
Without expressing any opinion on the merits of the applicant's case, this application is finally disposed of with a direction to the court below concerned to decide the aforesaid case as expeditiously as possible strictly in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the case of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India reported in 2017 (5) SCC 702, if there is no legal impediment. It is being made clear that no unnecessary adjournment shall be granted to either party by the court concerned but for exceptional circumstances and that too after recording reasons in writing.
It is further directed that any of the parties has apprehension to his life and liberty, he may seek remedy before appropriate forum in accordance with law.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 26.8.2019 SP