Vijay Singh Yadav vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23271 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56832
 
Court No. - 13
 
Case :- MATTERS UNDER ARTICLE 227 No. - 4269 of 2023
 
Petitioner :- Vijay Singh Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
 
Counsel for Petitioner :- Abhishek Yadav,Sunil Kumar Maurya
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

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

2. Through this petition, the petitioner has prayed that opposite party no. 2 be directed to expedite criminal case No. 80682/2021 "State Vs. Motilal and others", under Sections 147/323/325/504/506 IPC arising out of crime No. 17/2021, P.S. Gudamba, District Lucknow.

3. Learned A.G.A. has opposed the petition submitting that it is a new trial and no undue preference should be given to this trial over the old trial(s).

Hon'ble Supreme Court vide judgment dated 11.03.2022 in the case of M. Gopalakrishnan and others Vs. Pasumpon Muthuramalingam and another, Special Leave Petition (Criminal) Diary No. 30839/2021, has held that undue preference should not be given to the new trials while expediting the proceedings over the old trial.

4. On due consideration to the submissions advanced as well as perusal of the record, and also the judgment of the Supreme Court passed in the case of M. Gopalakrishnan (supra), I am of the view that no undue preference can be given to this trial over the pending old trials and the trial of the aforesaid sessions trial cannot be expedited.

However, learned trial court is directed not to give any undue adjournment to the parties.

5. The petition, being devoid of merit, is dismissed.

Order Date :- 24.8.2023

R.C.