Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 123903 (ALL)

RAKESH TEKRIWAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A483/139/2025 · 2025-02-28

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:12295 Court No. - 13 Case :- APPLICATION U/S 483 No. - 139 of 2025 Applicant :- Rakesh Tekriwal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for applicants, learned A.G.A. and perused the record. 2. This application has been filed for directing Judicial Magistrate, Court No. 5, Bahraich to expedite the disposal of the Case No. 957/XII/2022 (Raksharam Vs. Malti Devi & Ors.) arising out of F.I.R. No. 360 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Dargah Sharif, District Bahraich. 2. Learned counsel for the applicants submits that only adjournments are being given on one pretext or the other. Learned counsel for the applicant also submits that as per the provisions of Section 309 Cr.P.C., it is obligatory on the part of the court below to conclude the proceedings and no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party. Submission of the learned counsel for the applicants is that since the matter is pending before the court below since 2022, the court below may be directed to expedite the proceeding of the aforesaid case. 3. Learned A.G.A. has no objection to the prayer for expeditious disposal of the aforesaid case. 4. In view of above, the court concerned is directed to decide Case No. 957/XII/2022 (supra), expeditiously preferably within a period of six months from the date of production of certified copy of this order, without granting any unnecessary adjournment to any party, and if adjournment is inevitable that may be subject to heavy cost and for short dates. 5. With the aforesaid observation/direction, this application is finally disposed of. Order Date :- 28.2.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench