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2025 DAILYLAW 119612 (ALL)

NAJMUN NISHA v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 4 OTHERS

/63/2025 · 2025-01-24

Karunesh Singh Pawar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4819 Court No. - 16 Case :- APPLICATION U/S 483 No. - 63 of 2025 Applicant :- Najmun Nisha Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Anupam Bajpai Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The petition has been filed under Section 483 CrPC, seeking a direction to expedite the trial of Complaint Case No. 41656/2023, titled Najmun Nisha Vs. Sukhlal and others, registered under Sections 156(3) CrPC at P.S. Indira Nagar, District Lucknow, which was treated as a complaint case on 18.04.2023. Heard learned counsel for the petitioner and learned A.G.A. for the State. Notices to respondent No.2 to 5 are dispensed with. The petitioner's counsel submits that the application filed under Section 156(3) CrPC was treated into a complaint case on 18.04.2023 and the matter was scheduled for 18.05.2023 to record the complainant's statement under Section 200 CrPC. However, despite elapsing 18 months period, the complainant's statement under Section 200 CrPC has not been recorded. Perused the record. No extraordinary circumstances, as required under the Supreme Court's order dated 11.03.2022 in Special Leave Petition (Crl.) Diary No. 30839 of 2021, M. Gopalakrishnan and others vs. Pasumpon Muthuramalingam and another, have been pleaded or argued by the petitioner's counsel. Therefore, in light of the judgment in M. Gopalakrishnan's case (supra), there appears to be no justification for directing expeditious disposal of proceedings pending before the trial court. The petition is accordingly dismissed. Order Date :- 24.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench