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2025 DAILYLAW 125111 (ALL)

RAJKAMAL RASTOGI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A483/162/2025 · 2025-03-20

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16098 Court No. - 14 Case :- APPLICATION U/S 483 No. - 162 of 2025 Applicant :- Rajkamal Rastogi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arpan Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant for issuing direction to the learned trial court i.e. Chief Judicial Magistrate, Ayodhya/Faizabad to commit the file of case no. 1626 of 2011 (State vs. Rajkamal Rastogi), under Sections 419 & 420 IPC arising out of case crime no. 78 of 2011, P.S. Kotwali Ayodhya, District Ayodhya. It is further submitted that for committing the case, an application dated 20.08.2024 has also been filed by the applicant but till date, no decision has been taken. After arguing at some length, learned counsel for the applicant has submitted that a direction may be issued to the Chief Judicial Magistrate, Ayodhya/Faizabad to decide the application dated 20.08.2024 preferred by the applicant within a stipulated time frame as this Court may deem fit and proper. Learned AGA has submitted that he has no objection to the aforesaid prayer made by learned counsel for the applicant. As prayed by learned counsel for the applicant, the present application is disposed of and it is expected that the Chief Judicial Magistrate, Ayodhya/Faizabad shall make an endevour to decide the application dated 20.08.2024 preferred by the applicant, after giving opportunity of hearing to the parties and without granting any unnecessary adjournment to either of the parties. Order Date :- 20.3.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench