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Neutral Citation No. - 2025:AHC:74672 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2875 of 2025 Applicant :- Abdul Anish Shah Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Rohit Nandan Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application u/s 482 Cr.P.C. has been preferred seeking following relief :-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to direct the learned trial court to decide the Complaint Case No. 4115 of 2014, under Section - 419, 420, 467, 468, 471 and 120-B I.P.C. pending in the court of learned Special Chief Judicial Magistrate, District - Kanpur Nagar within any specific period and or pass such further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case otherwise the applicant will suffer an irreparable loss and injury."
3. It is submitted by learned counsel for the applicant that the applicant has filed the aforesaid complaint case in the year 2014 but no substantial progress has been made so far. Earlier the proceedings of the case were stayed by this Court vide order dated 30.01.2017, passed in Application u/s 482 No. 2752 of 2017, till the next date of listing, however thereafter the Trial Court has started further proceedings vide order dated 10.12.2020 referring to case of Asian Resurfacing of Road Agency Pvt. Ltd. Vs. Central Bureau of Investigation (2018) 16 SCC 299. It is submitted that now there is no effective stay regarding impugned proceedings but the proceedings are not being proceeded further.
4. In view of aforesaid, it is directed that in case there is no stay against the aforesaid proceedings, the Trial Court shall proceed
with the complaint and to decide the same as expeditiously as possible, provided there is no legal impediment.
5. The application under Section 482 Cr.P.C. is disposed of accordingly. Order Date :- 8.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad