Shiv Kumar vs State Of U.P Thru. Prin. Secy. ...
2023 Latest Caselaw 26985 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63806
 
Court No. - 13
 
Case :- MATTERS UNDER ARTICLE 227 No. - 4907 of 2023
 
Petitioner :- Shiv Kumar
 
Respondent :- State Of U.P Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others
 
Counsel for Petitioner :- Anand Kumar Srivastava
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.

Notices to respondent no. 2 to 4 are dispensed with in view of the proposed order.

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

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned Additional Sessions Judge-First, Balrampur to expeditiously decide/conclude the proceedings of Sessions Trial No.167/2022 (State Versus Sunil Kumar Jaiswal & Others) arising out of Case Crime No.137/2022, Under Sections- 302, 307, 504, 506, 34 IPC, Police Station Kotwali Dehat, District Balrampur pending before him within stipulated time prescribed by this Hon'ble Court in the interest of justice."

Learned counsel for the petitioner submits that charge sheet was submitted against respondent no. 2 to 4 and upon that cognizance, learned magistrate has taken cognizance. It is further submitted that examination of petitioner as PW-1 has been completed, 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 peculiar facts of this case, learned trial court is directed to conclude the examination of PW-1 expeditiously.

Disposed of.

Order Date :- 4.10.2023/R.C.