Neutral Citation No. - 2023:AHC:115761

Court No. - 93

Case :- APPLICATION U/S 483 No. - 511 of 2023

Applicant :- Achhey Lal

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Km. Khushi,Adya Prasad Tewari

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Jyotsna Sharma,J.

1. Heard Sri Kamlesh Singh, Advocate holding brief for Sri Adya Prasad

Tewari, learned counsel for the applicant and Sri O.P. Mishra, learned

AGA for the State.

2. This application has been filed under Section 483 Cr.P.C. with a prayer

to direct the court concerned to expedite the trial in criminal case no. 1094

of 2013 (State vs. Brij Nath and Others) arising out of case crime no. 271

of 2013 under Sections 323, 325, 504, 506 IPC, Police Station Catainganj,

District Kushinagar pending before the Civil Judge (Senior Division),

Kushinagar.

3. From the submission of the applicant and the papers on record, it is

revealed that the trial is pending since 2013 and that no appreciable

progress has been made despite lapse of about 10 years since taking of

cognizance; It is mentioned in para-7 of the revision memo that there is no

legal impediment in proceeding of the case; this application has been

given by the applicant-Achhey Lal, who is admittedly a witness/first

informant in this case and he too remained to be examined.

4. In view of the above, the applicant is directed to appear before the court

below for the purpose of his examination; in addition the trial court is

directed to expedite the trial and conclude the same preferably within a

period of 8 months from the date of production of this order. It is made

clear, in case any of the sides try to delay the trial, suitable coercive action

shall be taken against them.

5. Accordingly, this application u/s 483 Cr.P.C. is disposed of.

Order Date :- 24.5.2023

#Vikram/-

Digitally signed by :-

VIKRAM GUPTA

High Court of Judicature at Allahabad