Bal Govind Chaurasiya vs State Of U.P. And 5 Others
2023 Latest Caselaw 27095 ALL

Citation : 2023 Latest Caselaw 27095 ALL
Judgement Date : 4 October, 2023

Allahabad High Court

Bal Govind Chaurasiya vs State Of U.P. And 5 Others on 4 October, 2023

Bench: Deepak Verma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:190750
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 36457 of 2023
 

 
Applicant :- Bal Govind Chaurasiya
 
Opposite Party :- State Of U.P. And 5 Others
 
Counsel for Applicant :- Sunil Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

2. This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Criminal Appeal No.246 of 2022 bearing Criminal Misc. No.246 of 2022, arising out of Case Crime No.551 of 2013, under Sections-147, 452, 504, 506, 447 I.P.C., Police Station-Soraon, District- Prayagraj, pending before the Addl. District Judge/FTC-II, Allahabad.

3. Learned counsel for the applicant submitted that applicant lodge FIR as Case Crime No.551 of 2013 under Sections 147, 452, 504, 506, 447 I.P.C. and learned Magistrate vide orders dated 11.11.2021 and 16.11.2021 acquitted the opposite party Nos.2 to 6 under Sections 147, 447, 452 I.P.C., thereafter, applicant challenged the judgment and orders dated 11.11.2021 and 16.11.2021 by way of filing Criminal Appeal No.246 of 2022 under Section 378 Cr.P.C. Applicant's Section 5 application has been allowed by order dated 05.09.2022 and appeal is pending and notices were issued to opposite parties. Case is listed for hearing but opposite parties are not participating in the proceedings and case is listed since 21.09.2022 for hearing but hearing could not be ended.

4. Considering the fact that the trial has remained pending since 2022. Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.

Order Date :- 4.10.2023

Nitin Verma