Court No. - 79
Case :- APPLICATION U/S 482 No. - 22300 of 2021 Applicant :- Vindhyawasini Opposite Party :- State Of U.P. And 16 Others Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- G.A.,Yashpal Singh
Hon'ble Rajeev Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This present application has been filed for directing the Additional Sessions Judge, Court No.3, Allahabad to expedite the proceedings of Session Trial No.189 of 2020 (State vs. Shiv Narayan & Others) arising out of Case Crime No.193 of 2020, under Sections 147, 148, 149, 323, 307, 302, 452, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Koraon, District Allahabad.
Learned counsel for the applicant has submitted that on the written complaint of applicant-informant, the Case Crime No.193 of 2020, under Sections 147, 148, 149, 323, 307, 302, 452, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Koraon, District Allahabad was registered on 20.05.2020. After investigation, the investigating officer filed the charge sheet on 11.08.2020 and thereafter, case was committed to the court of Sessions on 27.11.2020, but till date neither charges were framed against the accused persons nor any evidence was recorded by the trial court. He further submitted that as per the provisions of Section 309(1) Cr.P.C., it is obligatory on the part of the court below to conclude the proceedings and no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party. Therefore, kind indulgence of this Court is necessary to issue a direction to the court below to expedite the proceeding of the aforesaid case.
Learned A.G.A. has no objection to issue a direction for expeditious disposal of above case.
In view of above, the court concerned is directed to decide the Session Trial No.189 of 2020 (State vs. Shiv Narayan & Others) arising out of Case Crime No.193 of 2020, under Sections 147, 148, 149, 323, 307, 302, 452, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Koraon, District Allahabad expeditiously without granting any unnecessary adjournment to any party and if adjournment is inevitable that may be subject to heavy cost and for short dates.
With the aforesaid observation/direction, this application is finally disposed of.
Order Date :- 22.12.2021 S. Shivhare/-