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2025 DAILYLAW 126511 (ALL)

JAGDAMBA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 5 OTHERS

NA529/9/2025 · 2025-03-04

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13225 Court No. - 16 Case :- APPLICATION U/S 529 BNSS No. - 9 of 2025 Applicant :- Jagdamba Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others Counsel for Applicant :- Amit Kumar Awasthi,Anand Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the petitioner and learned A.G.A. for the State. 2.Through this petition, the petitioner has prayed that the learned court below be directed to decide the Complaint Case No.248 of 2024, P.S. Padua, district Kheri, pending in the court of Judicial Magistrate, Nighasan, Kheri within a stipulated time. 3.Learned counsel for the petitioner submits that the complaint case No.248 of 2024(supra) may kindly be directed to the decided expeditiously within a stipulated time period. 4.Hon'ble Supreme Court vide judgment dated 11.03.2022 in the case of M. Gopalakrishnan and others Vs. Pasumpon Muthuramalingam and another, Special Leave Petition (Criminal) Diary No. 30839/2021, has held that undue preference should not be given to the new trials while expediting the proceedings over the old trial. 5.On due consideration to the submissions advanced as well as perusal of the record, and also the judgment of the Supreme Court passed in the case of M. Gopalakrishnan (supra), I am of the view that no undue preference can be given to this trial over the pending old trials and the trial of the aforesaid case cannot be expedited. However, learned trial court is directed not to give any undue adjournment to the parties. 6.The petition, being devoid of merit, is dismissed. Order Date :- 4.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench