Allahabad High Court
Priyanka Verma vs State Of U.P. And Another on 23 November, 2022
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 86
Case :- MATTERS UNDER ARTICLE 227 No. - 9683 of 2022
Petitioner :- Priyanka Verma
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Dinesh Kumar Singh
Counsel for Respondent :- 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 has prayed for the following relief:-
"Issue a suitable writ, order or direction, to the court below for expeditious disposal of S.T. No. 2459 of 2021 (State Versus Krishna Verma) arising out of Case Crime No. 30 of 2021 U/s 354, 504, 506, 376 of 1.P.C. and 67 of I.T. Act, Police Station Rajghat, District Gorakhpur pending before the Additional Sessions Judge/FTC, Gorakhpur within a short time bound period as may be determined by this Hon'ble Court, and if possible the court below may be directed to take up the matter on a day to day basis."
Brief facts of the case are that an F.I.R. was lodged on 07.02.2021 under Sections 354/504/506/376 I.P.C. and Section 67 of I.T. Act, P.S. Rajghat, District Gorakhpur registered as case crime No. 30/2021. The cognizance of the case was taken on 04.12.2021 and the charges were framed on 09.12.2021. After framing charge, the statement of PW-1 was recorded on 05.04.2022 and his cross examination was also completed.
Learned counsel for the petitioner submits that the accused persons are adopting delaying tactics and therefore, the trial is being prolonged.
Learned A.G.A. on the other hand has opposed the petition submitting that there is no urgency in the matter. The case is of 2021 and older trial are still going on and no priority could be given to the new 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, it appears that the trial has commenced on 09.12.2021 only and thereafter one witness has already been examined and 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) wherein the Apex Court has held that new trial cannot be given undeu priority over the old pending trials, 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 for expediting the trial at the appropriate stage.
Order Date :- 23.11.2022
RC
