Uttar Pradesh Courts Urged to Expedite Charge Framing

The Allahabad High Court emphasizes that trial courts in Uttar Pradesh should not delay charge framing in criminal cases merely because the accused has filed a revision petition or appeal. This directive aims to prevent unnecessary adjournments and ensure timely legal proceedings.

The Allahabad High Court has issued a directive to trial courts across Uttar Pradesh, emphasizing that charges in criminal cases should not be deferred simply because the accused has filed a revision petition or appeal. This move addresses a frequent occurrence, where trials are delayed in anticipation of decisions from higher courts.

Justice Chawan Prakash, in a recent ruling, underlined the courts' 'statutory duty' to proceed with framing charges once a plea for discharge is rejected, unless a specific stay order is granted by a superior court. This order comes in response to a petition by Avanish Chandra Srivastava, challenging the Chief Judicial Magistrate's decision to reject his discharge application in a 2004 cheating case.

The High Court observed a recurring pattern where courts postpone the framing of charges on the grounds of pending revision or writ petitions, despite the absence of stay orders. The judiciary clarified that filing a criminal revision or appeal does not equate to a stay on proceedings, and courts must fulfill their duty to frame charges unless a higher court directs otherwise.

(With inputs from agencies.)