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2025 DAILYLAW 110509 (ALL)

ALOK JAISWAL v. STATE OF U.P. AND 7 OTHERS

A483/2405/2024 · 2025-04-28

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66301 Court No. - 80 Case :- APPLICATION U/S 483 No. - 2405 of 2024 Applicant :- Alok Jaiswal Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Virendra Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Case No. 1832 of 2019, arising out of Case Crime No.393 of 2018 under Sections 323, 504, 506, 427, 354-A IPC, Police Station Mariyahu, District Jaunpur pending in the Court of 2nd Additional Chief Judicial Magistrate-Ist, Court No.12, Jaunpur expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is the informant of the aforesaid case. The accused persons are applying delaying tactics in disposal of the said case. It is also submitted that earlier in an Application U/S 482 No. 22181 of 2021 an order dated 22.11.2021 was passed by this Court staying the proceedings of the said case and by the order dated 15.11.2022 relying upon the law laid down by the Hon'ble Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. Central Bureau of Investigation, (2018) 16 SCC 299 the matter was re-opened by the trial court and the accused persons were directed several times by the trial court to file any latest order of the High Court regarding stay of the proceedings of the said case but the said orders were not complied with by the accused. Matter is lingering on unnecessarily. 4. I have considered the submissions and perused the entire record. 5. In view of the above, the Court concerned is directed to make a query from the office of this Court regarding operation of the stay order, if any, passed by this Court in the aforesaid Application U/S 482 CrPC, without delay and if there is no stay, it should proceed for the expeditious disposal of the case, as the case is very old. 6. With the above observations, the application stands disposed of. Order Date :- 29.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad