Nithuhari Devi vs State Of U.P. And 5 Others
2022 Latest Caselaw 19450 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 31783 of 2022
 

 
Applicant :- Nithuhari Devi
 
Opposite Party :- State Of U.P. And 5 Others
 
Counsel for Applicant :- Debee Shanker Pandey,Yogendra Kumar Tripathi
 
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. Notice to private respondents is dispensed with.

Through this petition, the petitioner has prayed that the learned Special Judge, SC/ST Act, Ghazipur be directed to decide the S.S.T. No.12 of 2020 State vs. Ramanand Ram and others arising out of case crime No.315 of 2019 under sections 147, 323 I.P.C. and 3(1)da, 3(1)dha SC/ST Act, P.S. Kasimabad, district Ghazipur within a stipulated time.

Learned counsel for the petitioner submits that statement of the complainant has been recorded and the trial is going on at a very slow pace. It is submitted that it is a trial under Special Act, triable by special designated court and therefore, it is liable to be expedited.

Learned A.G.A. has opposed the petition and has submitted that charges have been framed on 16.10.2020 and thus the trial has commenced in October, 2020. Thereafter, the court was closed due to Covid-19. Already, one witness has been examined. It is a new trial which cannot be given priority over the old pending trial unless some plausible reason is shown by the petitioner which is absent in this case. He has placed reliance on the judgment dated 11.3.2022 of Apex Court passed in Special Leave Petition (CR(Crl.) Diary No(s). 30839/2021 M. Gopalakrishnan and others versus Pasumpon Muthuramalingam and another.

On due consideration to the argument advanced as well as perusal of the record, as also the fact that no cogent reasons have been pointed out by the learned counsel for the petitioner to decide the pending case before the trial court at an early date and also considering the judgment of the Apex Court passed in the case of M. Gopalakrishnan (Supra), I am of the opinion that the petition is liable to be dismissed and is accordingly dismissed.

Order Date :- 1.12.2022

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