SWADESH @ SUDESH KUMAR GUPTA v. STATE OF U.P. THRU. SECY. HOME SACHIVALYA LKO. AND ANOTHER
/95/2025 · 2025-01-31
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120269 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120269 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6685 Court No. - 30 Case :- APPLICATION U/S 483 No. - 95 of 2025 Applicant :- Swadesh @ Sudesh Kumar Gupta Opposite Party :- State Of U.P. Thru. Secy. Home Sachivalya Lko. And Another Counsel for Applicant :- Umesh Chandra Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. This application under Section 483 Cr.P.C. has been filed by the applicant seeking a direction to the learned Additional Chief Judicial Magistrate-IV, Hardoi to expeditiously decide the pending Case No.482 of 2014 / 15922 of 2023, under Sections 138/142 of the Negotiable Instruments Act.
Learned counsel for the applicant submits that a positive direction be given to the trial court to decide the aforesaid case within a stipulated period. Learned A.G.A. for the State has no objection on the prayer made by the learned counsel for the applicant and submits that a positive direction be given to the trial court to decide the case of the applicant, as merely keeping pending the same by the trial court does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the trial court is directed to decide the aforesaid case expeditiously i.e. within six months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation, the instant application is
disposed of finally. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this application and must not be construed to have any reflection on the ultimate merits of the case. (Om Prakash Shukla,J.)
Order Date :- 31.1.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench