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2025 DAILYLAW 113195 (ALL)

RITU DEVI v. STATE OF U.P. AND 3 OTHERS

A483/2543/2024 · 2025-02-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18107 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2543 of 2024 Applicant :- Ritu Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aman Patel,Neeraj Singh Yadav 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 learned trial court to decide the Complaint Case No. 2246 of 2023 (Ritu Devi Vs. Akash Kumar and others), arising out of Final Report No. 39/22 in case Crime No. 343 of 2022, under Section 307 I.P.C., Police Station Khutar, District Shahjahanpur, 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 this case. The instant case relates to the year 2022. After investigation, final report was submitted by the Investigating Officer, which was protested by the informant but the learned trial court vide order dated 08.06.2023 proceeded to reject the final report and protest petition was treated as criminal complaint. Summoning order was passed in the year 2023 and ultimately discharge application under Section 227 Cr.P.C. was moved by the accused in the month of October, 2024, which is still pending disposal. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to decide the discharge application under Section 227 Cr.P.C. filed by the accused within two months from today and subsequently to make all the endeavours for expeditious disposal of the Complaint Case No. 2246 of 2023 (Ritu Devi Vs. Akash Kumar and others), arising out of Final Report No. 39/22 in case Crime No. 343 of 2022, under Section 307 I.P.C., Police Station Khutar, District Shahjahanpur, if there is no legal impediment. 7. It is also made clear that the Court/Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 7.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad