Ram Raj Singh vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 790 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 
Case :- APPLICATION U/S 483 No. - 98 of 2022
 
Applicant :- Ram Raj Singh
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. And Another
 
Counsel for Applicant :- M.V.S. Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

Notices to respondent no. 2 are dispensed with.

By this petition the petitioner who is the informant and aged about 61 years has prayed that learned court below be directed to expedite the proceedings of criminal case No. 4772/2018, arising out of case crime No. 388/2018, under Sections 419/420/504/506 I.P.C., P.S. Kotwali Nagar, District Raebareli in the interest of justice.

It is contended on behalf of the petitioner that F.I.R. in question has been lodged by the petitioner on 21.07.2018 and charge sheet was filed in the year 2018 and cognizance order has also been passed in the year 2018 and since then the trial is pending for the appearance of the accused and due to non-cooperation of the accused charges could not be framed till date.

Learned A.G.A. on the other hand has opposed the petition submitting that in view of the law laid down by the Supreme Court in the case of "M. Gopalakrishnan and others Vs. Pasumpon Muthuramalingam" passed in SLP (Crl.) Diary no. 30839/2021, there has to be exceptional circumstances shown for expedite the trial.

On due consideration to the submissions advanced and perusal of the record as well as judgment of the Supreme Court in the case of Gopalakrishnan (supra), I find that except the ground that the the informant is 61 years old and the accused persons are absconding, there is no other ground taken by the petitioner to expedite the trial and in view of the judgment of the Supreme Court in the case of Gopalakrishnan (supra), these are not the circumstances under which the trial of the present case can be expedited as it will unnecessarily give preference to this trial which is yet to be started over and above the cases or trials which are pending several years before the trial court. The petition lacks merits and is accordingly dismissed.

Order Date :- 7.4.2022/R.C.