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2025 DIGILAW 402 (ALL)

Rajni v. State of U. P.

2025-02-28

RAJEEV MISRA

body2025
JUDGMENT : Rajeev Misra, J. 1. Heard Ms. Muskan Pandey, the learned counsel for applicant, Mr. J.K. Upadhyay, the learned A.G.A.-1st for State-opposite party-1 and Mr. Shailendra Kumar Singh, the learned counsel representing accused/opposite party-12. 2. Perused the record. 3. Applicant-Smt. Rajni 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 graciously be pleased to allow this applicant and direct the learned court of Additional Session Judge, Court No.7, Moradabad to conclude the proceeding of Session Trial No. 28 of 2024: State Vs. Suryakant @ Shanu and others (Pending in the Court of Additional Session Judge, Court No.7, Moradabad) in relation to Case Crime No. 598 of 2023, under section 302, 307, 120B, 34 of I.P.C., Police Station Majhola, District Moradabad within a stipulated period as may be directed by this Hon'ble Court and not to grant unnecessary adjournment to either of the parties, during the pendency of the present criminal misc. application, otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other and further order, which this Hon'ble Court may deem fit and proper under the circumstances of the case." 4. Present application came up for admission on 22.10.2024 and this Court passed the following order: "1. Heard learned counsel for applicant, Mr. Manish Goel, learned Additional Advocate General assisted by Mr. J.K. Upadhyay, learned Additional Government Advocate appearing for opposite party no.1 State, Mr. Atiqur Rahman Siddiqui, learned counsel for opposite parties no.4 & 5 and Mr. Shailendra Kumar Singh, learned counsel for opposite party no.12 whose power filed today in Court is taken on record. 2. Issue notice to opposite parties no.2,3, 6 to 11 and 13, returnable at an early date. 3. Application under Section 482 Cr.P.C. has been filed seeking expeditious conclusion of Sessions Trial No. 28 of 2024; State vs. Suryakant @ Shanu & Others (pending in the Court of Additional Session Judge, Court No.7, Moradabad) relating to Case Crime No.598 of 2023, under Sections 302, 307, 120B, 34 I.P.C., Police Station Majhola, District Moradabad. 4. Earlier this Court had required the trial court to submit its report with regard to delay in trial proceedings in view of submissions advanced by learned counsel for applicant that despite directions issued by this Court earlier in Criminal Misc. 4. Earlier this Court had required the trial court to submit its report with regard to delay in trial proceedings in view of submissions advanced by learned counsel for applicant that despite directions issued by this Court earlier in Criminal Misc. Bail Application No. 52841 of 2023, Kamal Veer vs. State of U.P. vide order dated 08.01.2024 for a direction to the trial court to conclude trial against applicant as expeditiously as possible, preferably within a period of one year, which was reiterated in Criminal Misc. Bail Application No. 16271 of 2024, Amit vs. State of U.P. vide order dated 27.05.2024, the proceedings are yet pending consideration at the stage of cross-examination of P.W.1 only. 5. In pursuance of directions issued earlier, report dated 19.10.2024 has been submitted by trial court indicating reasons for continued pendency of aforesaid trial. A perusal of aforesaid report will indicate that the sessions trial has been connected with other trial with regard to the incident and indicates 125 witnesses. Report also indicates that on various occasions, the accused have not been produced by the Jail Authorities due to which warnings have been issued by the trial court to Jail Authority but to no avail. It has been reported that on days when presence of accused was to be ensured through video conferencing, the same also could not take place due to unavoidable technical reasons. The report specifically indicates that cross-examination of P.W.1 Sukhpal Singh is underway for which 29.10.2024 is the next date fixed. 6. Learned counsel for applicant has also drawn attention to order dated 04.07.2024 passed by trial court specifically indicating non-presence of accused due to their non production by Jail Authorities. The order also indicates the helplessness of trial court as well as a warning being issued on the premise that the accused are deliberately not being produced by the Jail Authorities for extraneous reasons. 7. Learned counsel for applicant submits that due to prolonged trial proceedings, the accused are making all endavours to tamper with evidence and to sway the witnesses due to which present application has been filed. 8. 7. Learned counsel for applicant submits that due to prolonged trial proceedings, the accused are making all endavours to tamper with evidence and to sway the witnesses due to which present application has been filed. 8. Learned Additional Advocate General appearing on behalf of State on the basis of instructions as well as material on record also takes the plea that sometimes it may not be possible for Jail Authorities to produce accused in the Court due to unavoidable circumstances but assures that all possible directions will be issued to the Jail Authorities for ensuring presence of the accused in this particular trial in the light of directions issued earlier by this Court as indicated herein-above. 9. In view of aforesaid facts and circumstances and assurance given by learned Additional Advocate General, the present application is directed to be kept pending in order to effectively monitor the proceedings of trial. This is being done as an exceptional case without being treated as a precedent only in view of positive directions issued earlier by this Court as well as the directions passed by trial court and its report pertaining to deliberate effort on the part of Jail Authorities in not producing the accused on dates fixed. 10. In case of repeated occurrences when Jail Authorities fail to produce the accused on any date fixed, the trial court shall be at liberty to submit a report to this Court with regard to the said fact to enable this Court to take effective steps. Learned Additional Advocate General in view of his submissions will also be required to issue strict instructions through appropriate channel to the Jail Authorities to ensure presence of all the accused incarcerated whenever directed by the trial court. 11. In view of aforesaid, list this case on 18.11.2024, as fresh along with service report. 12. The trial court shall make all endavour to conclude the trial expeditiously as already directed by this Court. Order Date :- 22.10.2024 " 5. In compliance of above order dated 22.10.2024 passed by this Court in present application, court concerned has submitted its report. Paragraph-5 of the report indicates that there are various accused facing trial in aforementioned sessions trial and some of the accused are undergoing incarceration in different Districts. Therefore, on every date, all the accused are not present on one ground or the other. 6. Paragraph-5 of the report indicates that there are various accused facing trial in aforementioned sessions trial and some of the accused are undergoing incarceration in different Districts. Therefore, on every date, all the accused are not present on one ground or the other. 6. In view of above, it is desirable that a counter affidavit be filed by the learned A.G.A. bringing on record the names of accused, who are facing trial in concerned sessions trial giving rise to present application, the places of their detention so that a suitable order be passed on the next date. 7. In view of above, the learned A.G.A. shall file a counter affidavit in the light of above. 8. Matter shall re-appear as unlisted on 01.04.2025. 9. Matter shall be listed separately from the regular list of unlisted cases.