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2025 DAILYLAW 110718 (ALL)

RAJESH KUMAR v. STATE OF U.P. AND 10 OTHERS

A482/42460/2024 · 2025-05-08

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75500 Court No. - 84 Case :- APPLICATION U/S 482 No. - 42460 of 2024 Applicant :- Rajesh Kumar Opposite Party :- State Of U.P. And 10 Others Counsel for Applicant :- Mohan Lal Pandey,Nishi Kant Chaturvedi,Ram Manohar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to to direct the Sub-Divisional Magistrate, Handia, Prayagraj, to comply his order dated 20.09.2017 passed by him in the computerized Suit No. T2012020304782 (Daya Shankar Vs. Jokhay Lal and others) under section 133 Cr.P.C most expeditiously well as possible. 3. Learned counsel for the applicant submits that opposite party nos. 3 to 11 had blocked public path, then, father of the applicant moved an application under Section 133 Cr.P.C. before Sub- Divisional Magistrate for removing the said encroachment. The Sub-Divisional Magistrate vide order dated 20.09.2017 proceeded ex-parte against opposite party nos. 3 to 11 and directed them to remove the obstruction raised over the public path but the said order has not been complied with. Applicant has moved an application before Sub-Divisional Magistrate, Handia, Prayagraj on 11.06.2024, which is still pending and no order has been passed. 4. In view of the above, it is provided that if applicant moves a fresh application within two weeks' from today before the Sub-Divisional Magistrate, Handia, Prayagraj, the same shall be considered and decided in accordance with law within a period of three weeks' thereafter. 5. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 9.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad