Vijay Bahadur Verma vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 18325 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:47678
 
Court No. - 13
 
Case :- MATTERS UNDER ARTICLE 227 No. - 3616 of 2023
 
Petitioner :- Vijay Bahadur Verma
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko.
 
Counsel for Petitioner :- Saurabh Kumar,Pawan Kumar Dubey
 
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.

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

(I) Issue an order or direction to the Additional District and Session Judge, Room: No. 1, Sultanpur to expedite Session Trial No. 360 of 2022 (State Versus Amar Bahadur and others) arising out of Case Crime No. 587 of 2021 under Sections 302, 506, 120-B, 34 of 1.P.C. relating to Police Station Kadipur, District - Sultanpur, which is pending before the Additional District and Session Judge, Room No. 1, Sultanpur since the year 2014, expeditiously within the stipulated time period as this Hon'ble Court deem just and proper.

(ii) xxxxxx

Learned counsel for the petitioner submits that charge sheet was submitted on 22.02.2022 and upon that cognizance against accused no.1 to 3 along with other accused has been taken on 25.02.2022. It is further submitted that examination of petitioner as PW-1 is going on, however, the accused of the charges is lingering the trial and till date cross-examination of PW-1 has not been completed.

Learned counsel for the petitioner prays that the trial of the aforementioned session trial be expedited.

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).

On due consideration to the judgment of the Supreme Court passed in the case of M. Gopalakrishnan v. Pasumpon Muthuramalingam, 2022 SCC OnLine SC 1968, wherein it has been held that undue preference should not be given to the new trials while expediting the proceedings over the old trial by expediting the new trial, hence, I am not inclined to expedite the trial as prayed by learned counsel for the petitioner.

However, considering the fact that examination of PW-1 has started on 07.10.2022 and still due to non-cooperation of the accused, cross examination has not been completed, in the interest of justice, trial court is directed to expedite the examination of PW-1 within a period of one month from the date of production of certified copy of this order.

With the above observations, the petition is disposed of.

Order Date :- 20.7.2023

R.C.