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2025 DAILYLAW 102626 (ALL)

SURESH SINGH v. STATE OF U.P. AND ANOTHER

NA529/3666/2025 · 2025-10-08

Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3666 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. This application under Section 529 BNSS-2023 has been filed with a prayer to direct the court concerned to decide the Case No.293 of 2022, arising out of Case Crime No.215 of 2020, under Section 307/504 IPC, at Police Station Kant, District Shahjahanpur pending in the Court of Additional Chief Judicial Magistrate, Shahjahanpur expeditiously within a stipulated period. 2. Learned counsel for appellant has submitted that an FIR bearing Case No. 293 of 2022, arising out of Case Crime No.215 of 2020, under Section 307/504 IPC, at Police Station Kant, District Shahjahanpur was lodged against him by respondent no.2. After the investigation were over, final report was submitted. However, that final report was not accepted by learned Magistrate rather a notice was issued to informant in the year 2022. 3. Learned counsel for the appellant has drawn the attention of the court towards the order sheet of Misc. Case No.293 of 2020 and submitted that though notices are regularly being issued to informant, yet informant has not appeared before the concerned Magistrate. Learned counsel for appellant has submitted that appellant is a home guard and his department is contemplating to terminate his service only on the basis of pendency of above case against him. He has, therefore, prayed that this Court may direct the Chief Judicial Magistrate Shahjahanpur to decide the Misc. Case No.293 of 2020, arising out of Case Crime No.215 of 2020, under Sections 307 & 504 IPC, at Police Station Kant, District Shahjahanpur as expeditiously as possible. 4. Heard Sri Manoj Kumar Mishra, learned counsel for appellant and the learned AGA for State. Versus Counsel for Applicant(s) : Manoj Kumar Mishra Counsel for Opposite Party(s) : G.A. Suresh Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. It is apparent from the order sheet annexed with writ petition that notice issued to informant in the year 2022 have not sill served upon. The said circumstances is a matter of concern for any person who is employed in any job because criminal case brings a stigma on the character of the employee. Employees are also deprived of service benefits owing to pendency of criminal case. Therefore, it will be expedient for learned Magistrate to consider the grievance of appellant and make all possible efforts at this stage to get notices served upon the respondent no.2. After service of notice, learned Magistrate shall take all endeavours to decide the case of appellant as expeditiously as possible. 6. With the above observations, the application stands disposed of. (Anil Kumar-X,J.) October 9, 2025 Mukesh NA529 No. 3666 of 2025 2 Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad