Smt. Afshana Begum vs State Of U.P. And 11 Others
2022 Latest Caselaw 19996 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 
Case :- APPLICATION U/S 482 No. - 33005 of 2022
 
Applicant :- Smt. Afshana Begum
 
Opposite Party :- State Of U.P. And 11 Others
 
Counsel for Applicant :- Mohd Shamim Khan,Deepak Singh Patel
 
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.

By this petition, the petitioner has prayed for the following relief:-

It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present application and direct the Court below to decide the Case No. 1318 of 2021 (State Vs. Mohd. Aslam and others) arising out of Case Crime No. 370 of 2021 Under Sections 498-A, 323, 504, 506 LP.C., and Section 4 Section 3/4 Dowry Prohibition Act Police Station-Kareli, District Allahabad, pending before Judicial Magistrate Court No.04 District Allahabad/Prayagraj otherwise the applicant shall suffer irreparable loss and injury.

Notices to respondent no. 2 to 10 are dispensed with.

Learned counsel for the petitioner submits that the petitioner is the informant in this case. Charge sheet has been filed in this case and upon that cognizance has been taken and presently the trial is at the stage of framing of charge. It is further submitted that the trial is going on at a very slow pace and therefore, learned trial court may be directed to expedite within a stipulated time period.

Learned A.G.A. has opposed the petition submitted that new trial cannot be given priority over the old and pending once and no plausible reasons have been pointed out on behalf of the petitioner so as to direct the trial court to expedite the trial. He has placed reliance on the judgment of Apex Court passed in SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 30839/2021 M. GOPALAKRISHNAN & ORS. VERSUS PASUMPON MUTHURAMALINGAM & ANR.

On due consideration to the argument advanced as well as perusal of the record, so also the fact that no cogent reasons have been pointed by the learned counsel for the petitioner to expedite the matter 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.

Liberty is granted to the petitioner to approach the Court at the appropriate stage.

Order Date :- 5.12.2022/RC