Allahabad High Court
Sanjeev And 4 Others vs State Of U.P. . And Another on 22 March, 2023
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 67
Case :- APPLICATION U/S 482 No. - 9488 of 2023
Applicant :- Sanjeev And 4 Others
Opposite Party :- State Of U.P. . And Another
Counsel for Applicant :- Anil Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
This application u/s 482 Cr.P.C. has been preferred seeking the quashing of summoning order dated 13.7.2022 as well as entire criminal proceeding of Complaint Case No.165 of 2022 (Soni vs. Sanjeev and others), under Sections 498A, 323 I.P.C. & Section 4 of D.P. Act, Police Station-Sadar Bazar, District-Shahjahanpur, pending in the court of Civil Judge (J.D.)/F.T.C., Court No.41, Shahjahanpur.
This is the second 482 application on behalf of applicants against same cause of action. Earlier Application u/s 482 No.33298 of 2022 (Sanjeev and 4 others vs. State of U.P. and another) was filed by applicants, which was referred to Allahabad Mediation and Conciliation Centre for amicable settlement between the parties vide order dated 24.11.2022 with liberty that in case the mediation fails, the applicants shall have the liberty to file fresh application u/s 482 Cr.P.C. Unfortunately, this move of the Court could not be fructified and the mediation process got failed. Now the applicant has again approached this Court challenging the impugned order and proceeding of the complaint case.
Learned counsel for the applicants has floated number of factual as well as legal aspects of the issue which could be well adjudicated during the course of trial. This Court cannot hold a pre trial before the actual trial begins. After perusal of entire record in the light of submissions advanced by learned counsel for the applicants, a prima facie case is made out against the applicants, therefore, I am not inclined to exercise my extra-ordinary power in favour of applicants.
However, considering the entire facts and circumstances of the case and the arguments advanced, this application stands disposed of with the direction that the court below would extend the benefit of interim bail (if the court concerned deems it fit according to the merit of each case) as contemplated in the law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. after the applicants surrender within two weeks before the court and if their bail application is filed, the same shall be adjudicated and decided by the courts below with speaking and reasoned order, strictly in accordance with law, in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of India reported in (2017) 5 SCC Page-702, relevant extract of which reads as under :-
"?.......Judicial service as well as legal service are not like any other services. They are missions for serving the society. The mission is not achieved if the litigant who is waiting in the queue does not get his turn for a long time"....... "Decision of cases of under-trials in custody is one of the priority areas. There are obstructions at every level in enforcement of right of speedy trial; vested interests or unscrupulous elements try to delay the proceedings"....... "In spite of all odds, determined efforts are required at every level for success of the mission"..... "The Presiding Officer of a court cannot rest in a state of helplessness. This is the constitutional responsibility of the State to provide necessary infrastructure and of the High Courts to monitor the functioning of subordinate courts to ensure timely disposal of cases."
To satiate speedy disposal of the cases, the courts below are issued following directions in accordance with the observations made in the case of Hussain and another (Supra):
(i)Bail applications be disposed of normally within one week :
(ii) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years.
(iii).......................................................................................................;
(iv)......................................................................................................."
The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports.
For the period of two weeks from today, no coercive action shall be taken against the applicants in the aforementioned case.
It is made clear that no time extension application would be entertained for extending the period of two weeks.
The ratio mentioned above is the last word for every judicial officers for abiding with the directions of the Hon'ble Apex Court. In the aforesaid scenario, it would be pertinent to refer the case of Brahm Singh and others Vs. State of U.P. and others decided on 08.07.2016 in Criminal Misc. Writ Petition No.15609 of 2016 whereby co-ordinate Bench of this Court, while taking into account the concerns of most of the counsels with regard to the long pending bail applications at lower courts' stage has expressed their anguish and concern.
In the aforesaid backdrop, learned Sessions Judge/the concerned Trial Judge is directed to ensure that the guidelines given in the case of Hussain and another (supra) as well as in Brahm Singh and others (Supra) has to be carried out in its letter and spirit, failing which an adverse inference would be drawn against the erring officers and this Court would be compelled to take appropriate action against them, if found that there is laxity in adhering the above directions.
In the event, the bail application is not decided within seven days as contemplated above, the learned Judge will have to spell out the justifiable reasons and record the same on the order sheet of such cases.
Order Date :- 22.3.2023
M. Kumar
