Allahabad High Court
Ram Kishor Paswan vs State Of U.P. And 8 Others on 4 March, 2025
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:35646
Court No. - 71
Case :- APPLICATION U/S 528 BNSS No. - 4141 of 2025
Applicant :- Ram Kishor Paswan
Opposite Party :- State Of U.P. And 8 Others
Counsel for Applicant :- Shiv Shankar Kaithal
Counsel for Opposite Party :- Alok Kumar Srivastava,G.A.,Shweta Srivastava
Hon'ble Rajeev Misra,J.
1. Heard Mr. Shiv Shankar Kaithal, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. Applicant-Ram Kishor Paswan, who is the first informant, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-
"It is, therefore Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and direct the learned Special Judge SC/ST Act, Kanpur Nagar to decide & expedite the trial of S.S.T.No.126 of 2019 (State Vs. Samar Nishad & others) arising out of Case Crime No.107 of 2019, U/s 147, 148, 452, 323/149, 504, 308/149, 302/149 I.P.C. & 3(2)5 SC/ST Act at P.S.-Maharajpur, District-Kanpur Nagar pending before him, within a stipulated period as fixed by this Hon'ble court.
And/or pass such other and further order which this Hon'ble court may deem fit and proper under the facts and circumstance of the present case."
4. Record shows that in respect of an incident, which is alleged to have occurred on 22.03.2019, a prompt FIR dated 22.03.2019 was lodged by first informant-Ram Kishor Paswan i.e. applicant herein and was registered as Case Crime No. 0107 of 2019, under Sections 147, 148, 452, 323, 504, 308, 304 IPC and Section 3(2)(v) SC/ST Act, Police Station-Maharajpur, District-Kanpur Nagar. In the aforesaid FIR, 8 persons namely (1) Samar Nishad, (2) Shiv Balak, (3) Smt. Prema Devi, (4) Amar Singh, (5) Dharmendra, (6) Vijay, (7) Ajay and (8) Pintu have been nominated as named accused, whereas one unknown person has also been arraigned as an accused.
5. After completion of statutory investigation of aforementioned case crime number in terms of Chaper-XII Cr.P.C., Investigating Officer submitted the charge sheet/police report dated 17.05.2019, whereby and whereunder, 8 persons i.e. accused-opposite parties 2 to 9 herein wre charge sheeted.
6. Upon submission of aforementioned charge sheet/police report, cognizance was taken upon same by the Jurisdictional Magistrate. However, as offence complained of is triable exclusively by the Court of Sessions, therefore, the concerned Magistrate committed the case to the Court of Sessions. Resultantly, Special Sessions Trial No. 126 of 2019 (State Vs. Samar Nishad and Others), under Sections 147, 148, 452, 323/149, 504, 308/149, 302/149 IPC and Section 3(2)(v) SC/ST Act, Police Station-Maharajpur, District-Kanpur Nagar came to be registered and is now said to be pending in the Court of Special Judge, SC/ST Act, Kanpur Nagar.
7. The concerned Sessions Judge proceeded with trial. He, accordingly, framed charges against charge sheeted accused, vide framing of charge order dated 17.07.2019. The accused denied the charges so framed and demanded trial. Resultantly, the trial procedure commenced.
8. Prosecution in discharge of it's burden to bring home the charges so framed against charge sheeted accused has adduced 7 prosecution witnesses up to this stage.
9. Learned counsel for applicant submits that in the charge sheet/police report submitted by the Investigating Officer, 20 prosecution witnesses have been nominated. However, even after expiry of a period of more than 5 years and 6 months only 7 prosecution witnesses have appeared before Court below up to this stage. As such, there is no likelihood of the trial getting concluded in near future. On the above premise, he, therefore, contends that interest of justice shall be served, in case, a positive direction is issued by this Court to Court below to proceed with aforementioned trial with all expedition without granting any unnecessary adjournment to either of the parties, exemption to the accused from appearing before Court below except in exceptional circumstance, taking all such measure as are available under the Code i.e. Cr.P.C. to summon a witness and further ensuring compliance of the provisions contained in Section 309 Cr.P.C./346 BNSS.
10. Per contra, the learned A.G.A. for State-opposite party-1 has vehemently opposed the present application. Referring to the observations made by the Apex Court in paragraphs 41 and 42 in the Five Judges Bench judgment in High Court Bar Association, Allahabad Vs. State of U.P. and Others, 2024 SCC Online SC 207, the learned A.G.A. submits that no direction for time bound disposal of criminal case can now be issued by this Court. However, the Apex Court in aforementioned judgment has itself carved out an exception that in case, exceptional circumstance exits, the Constitutional Court can direct for time bound disposal of a criminal case. With reference to the record, the learned A.G.A. submits that since no exceptional circumstance has emerged on record, therefore, no direction as prayed for by first informant/applicant is liable to be issued by this Court. On the above premise, he, therefore, submits that this application is liable to be dismsised.
11. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending.
12. Accordingly, this application is disposed of finally with a direction to Court concerned i.e. Special Judge, SC/ST Act, Kanpur Nagar to decide Special Sessions Trial No. 126 of 2019 (State Vs. Samar Nishad and Others), under Sections 147, 148, 452, 323/149, 504, 308/149, 302/149 IPC and Section 3(2)(v) SC/ST Act, Police Station-Maharajpur, District-Kanpur Nagar expeditiously without granting any unnecessary adjournment to either of the parties, stay/exemption to accused except in exceptional circumstance, to take such measure as are available under the Code (i.e. Cr.P.C.) to secure the presence of the witnesses and further ensure strict compliance of the mandate of law provided in Section 309 Cr.P.C./Section 346 BNSS.
Order Date :- 4.3.2025
HSM
