- (1.)This petition has been filed against the order dated 14.5.2013 passed by High Court of Judicature at Allahabad while dealing with the application for early hearing in Criminal Appeal No. 4309 of 2012.
(2.)The Petitioners stood convicted for the offences punishable under Sections 363/366/506 of Indian Penal Code, 1860, (hereinafter referred to as the 'Indian Penal Code') in Sessions Trial No. 879 of 2010 (State of U.P. v. Phool Chandra and Anr.) arising out of Case Crime No. 28 of 2009, Police Station Utraon, District Allahabad in which FIR was lodged on 8.2.2009 by one Bhola Nath alleging that his daughter Kumari Manita aged 14 years, student of class 10th had gone to school on 6.2.2009 but did not return. He also expressed suspicion that his neighbour Sharda Prasad Gupta might be involved in the incident. In pursuance of the aforesaid complaint, investigation ensued and the victim Manita was recovered by the police on 12.2.2009. After completing the investigation, the chargesheet was filed against the Petitioners and some other persons under the aforesaid Sections of the Indian Penal Code and after conclusion of the trial, vide judgment and order dated 8.10.2012, the Petitioners stood convicted under Sections 363/366/506 Indian Penal Code and rigorous imprisonment for a period of 7, 8 and 3 years respectively, had been imposed alongwith fines and further sentence in case of default in making payment. Some of the co-accused who also faced the trial were acquitted.
(3.)Aggrieved, the Petitioners preferred Criminal Appeal No. 4309 of 2012 before the High Court and vide order dated 20.11.2012 they had been enlarged on bail.