AJAY KUMAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A483/220/2025 · 2025-03-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126782 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126782 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14755 Court No. - 16 Case :- APPLICATION U/S 483 No. - 220 of 2025 Applicant :- Ajay Kumar Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rakesh Kumar Nayak,Pavan Kumar Shukla,Shilpa Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for respondent State. Notice to respondent no.2 is dispensed with in view of the proposed order. The present application has been filed by the applicant seeking direction to the learned Additional Chief Judicial Magistrate Faizabad to decide the Complaint Case No.3866 of 2024 Ajay Kumar Upadhyay vs. Mahesh Prasad Soni U/S 138 of Indian Negotiable Act, Police Station Poorakalnder, District Faizabad/Ayodhya, expeditiously within a stipulated period. Perusal of the record shows that notices were issued to the accused on
1.10.2024. Thereafter, two more dates have been fixed. Apparently, six months have not been passed since the date on which the case was presented in the court. Hon'ble Supreme Court in the case of M. Gopalakrishnan and others Vs. Pasumpon Muthuramalingam and another, Special Leave Petition (Criminal) Diary No. 30839/2021 reported in 2022 SCC Online SC 1968 has held that undue preference should not be given to the new trials while expediting the proceedings over the old trial. On perusal of the record and considering the judgment of the Apex Court passed in the case of M. GOPALAKRISHNAN (Supra), I am of the opinion that the application is liable to be dismissed and is accordingly dismissed. However, learned trial court is directed not to give any undue adjournment to the parties. Order Date :- 11.3.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench