IBNE HAIDAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/44849/2024 · 2025-01-15
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113556 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113556 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:6718 Court No. - 77 Case :- APPLICATION U/S 482 No. - 44849 of 2024 Applicant :- Ibne Haidar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mohammad Khalid, learned counsel for the applicants and Sri Shoeb Khan, learned A.G.A. for the State.
2. The present application has been filed to direct the learned Chief Judicial Magistrate, Kasganj to decide the Complaint Case No.2704 of 2019 (Smt. Kohinoor Vs. Ibne Haidar and others), under Sections 498-A, 323, 405 I.P.C. and 3/4 D.P. Act, P.S. Ganjdundwara, District Kasganj, within stipulated period.
3. On the perusal of the order sheet, it appears that the complaint proceeding has been pending since 2019.
4. Though, the Apex Court in the case of Allahabad High Court Bar Association Vs. State of U.P. and another (in Criminal Appeal No.3589 of 2023) has already observed that normally High Court should not issue direction to decide the trial in time bound manner.
5. In view of the above, this Court does not find it a fit case to direct the court below to decide the trial in time bound manner. However, the court below is directed to decide the same without giving unnecessary adjournment to the parties as the main proceeding is regarding the offence against the woman.
6. With the aforesaid observation, the present application is
disposed of.
Order Date :- 15.1.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad