Taslim vs State Of U.P. And Another
2021 Latest Caselaw 1807 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 1881 of 2021
 

 
Applicant :- Taslim
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ram Manohar Kashyap,Vijay Nishad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Ram Manohar Kashyap, learned counsel for applicant and learned A.G.A. for State.

This application under Section 482 Cr.P.C. has been filed for direction to Judicial Magistrate, Ghazipur to conclude proceedings of Criminal Case No.293 of 2004, (State Vs. Jamil and Others), under Sections- 323, 504, 506 I.P.C., Police Station- Shadiabad, District- Ghazipur arising out of N.C.R. No.81 of 2003, under Sections- 323, 504, 506 I.P.C.

Learned counsel for applicant contends that applicant is an accused in above-mentioned criminal case. Above-mentioned criminal case has been pending since the year 2004. In spite of the fact that a period of more than 16 years have rolled by, aforesaid criminal proceedings have not yet been concluded. He has placed reliance upon judgment of Apex Court in Abdul Rehman Antulay and Others Vs. R.S. Nayak and Another, reported in AIR 1992 SC 1701. On the basis thereof, he contends that right to speedy trial is a fundamental right of an accused. However, on account of delay in conclusion of trial, aforesaid fundamental right of applicant, who is an accused has been infringed. He has further invited attention of Court to order-sheet of above-mentioned criminal case, which is on record from page-14 of paper book. On the basis of above, it is contended that above-mentioned criminal case has been adjourned on grounds, which are not attributable to applicant. On the aforesaid premise, it is thus urged that court below is liable to be directed by this Court to conclude above-mentioned criminal case within a time bound period fixed by this Court.

Per contra, learned A.G.A. has opposed this application. However, he could not dispute the submissions urged by learned counsel for applicant.

Having heard learned counsel for the parties and upon perusal of material on record, this application is finally disposed of with a direction to court concerned to expedite the hearing of above-mentioned criminal case and to proceed with the same with all expedition without granting any unnecessary adjournment to either of the parties and by fixing a date in a week. Applicant shall file a computer generated copy of this order before court below by means of an affidavit.

Order Date :- 29.1.2021

Saif