Facts of the Case

This order arises from an Application under Section 483 of the Code of Criminal Procedure filed before the Allahabad High Court by Munim Singh Parihar @ Parashuram against the State of U.P. A word of caution for readers: although the underlying proceeding is referenced as "GST No. 48 of 2006", this has nothing to do with Goods and Services Tax. In Uttar Pradesh's Gangster Act courts, "GST" is the registry abbreviation for a case filed under the Gangsters and Anti-Social Activities (Prevention) Act, 1986, and the number here identifies a Gangster Act trial, not a tax dispute.

The applicant sought a direction to the trial court to expeditiously hear and decide the pending Gangster Act proceeding (State vs. Munim @ Parashuram and others), arising out of Case Crime No. 302 of 2005 registered under Sections 147, 148 and 307 of the Indian Penal Code and Sections 2/3 of the Gangster Act at P.S. Samthar, District Jhansi, pending before the Special Judge, Gangster Act, Jhansi. Counsel for the applicant submitted that the charge-sheet was filed on 7.7.2006, cognizance was taken, and after considerable delay charges were eventually framed on 13.7.2017. The matter was stated to be presently listed for evidence/cross-examination of PW-2, with much time having elapsed.

Issues Involved

  1. Whether a direction should be issued to the trial court to expedite disposal of a long-pending Gangster Act criminal trial.

Petitioner's Arguments

  • The trial has been pending since 2006 with significant and unexplained delay in framing of charge, which was finally done only in 2017.
  • The case is presently at the stage of recording evidence, and a time-bound direction is necessary to bring the matter to a conclusion.

Respondent's Arguments

The order does not record any separate submissions on behalf of the State opposing the relief; the learned A.G.A. was heard, and no objection to the direction sought appears to have been pressed.

Court Order / Findings

  • The Court directed the trial court to make all endeavour to decide the pending Gangster Act case expeditiously, preferably within a period of one year from the date of production of a certified copy of the order.
  • The trial court was directed not to permit undue adjournments to either side, subject to there being no legal impediment.
  • The application was disposed of in these terms; the Court did not examine or record any findings on the merits of the underlying criminal allegations.

Important Clarification

This order is a straightforward case-management direction in a Gangster Act criminal trial and carries no ruling on GST law. It is being published here only to correct a possible misreading of the case papers — the "GST" reference is a registry case-number code for the Gangster Suppression Tribunal proceeding, unrelated to the Goods and Services Tax regime. Readers searching for GST jurisprudence should look elsewhere; this order's only relevance is as an illustration of how courts use timelines to push forward long-pending criminal trials under Section 483 Cr.P.C.

Sections Involved

  • Section 483, Code of Criminal Procedure, 1973
  • Sections 147, 148, 307, Indian Penal Code, 1860
  • Sections 2/3, Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986

Decision – In Favour of

The application was disposed of in favour of the applicant to the limited extent of a direction for expeditious trial; the case was not decided on merits and the underlying Gangster Act trial remains pending before the Special Judge, Jhansi.

Case Details

  • Court: High Court of Judicature at Allahabad
  • Case No.: Application U/S 483 No. 446 of 2023
  • Neutral Citation: 2023:AHC:101854
  • Coram: Hon'ble Ram Manohar Narayan Mishra, J.
  • Date of Order: 11 May 2023

Link to Download the Order

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