RAMJI LAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/2331/2025 · 2025-04-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128383 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128383 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19919 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2331 of 2025 Applicant :- Ramji Lal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vineet Kumar Mishra,Arvind Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C./528 B.N.S.S has been preferred by the applicants with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash order dated 15.04.2011 passed by learned ACJM-I, Hardoi, against the petitioners arising out of case crime no. Nil of 2010, under Sections 41/102 of Cr.P.C. and under Sections 411,414 I.P.C. relating to Police Station Sandila, District Hardoi & order dated 12.06.2012 against the petitioners in Criminal Revision No. 30 of 2012 passed by the learned Session Judge, Hardoi, against the petitioners (contained as Annexure No. 1 & 2 to this petition), and release the goods recovered from the petitioners of worth Rs. 281.300/- and two gold pendants and three silver pendants belong to the petitioners in the interest of law and justice." Learned AGA has raised a preliminary objection regarding maintainability of the present application that by filing the present application, the applicant has prayed for quashing of the order dated 15.04.2011 passed by the learned ACJM- I, Hardoi, whereby the application of the applicants regarding release of ornaments and cash recovered from the applicants as the applicants are named in the FIR for theft was rejected against which a revision (Revision No. 30/2012) was filed by the applicants which was also dismissed by the Sessions Judge, Hardoi by order dated
12.06.2012. Against these orders, after about thirteen years, the applicants have filed the present application and the reason for laches/delay has been explained in para 16 of the application by simply mentioning that the applicant no. 1 was ill and suffering from heart disease from last 15 years and when he got well, he has approached this Court, however no medical certificate or document has been filed to support his case that the applicant no. 1 was ill from last 15 years. At this stage, learned counsel for the applicant has
submitted that a direction may be issued to the trial court for early disposal of case no.
5168/2019, under Sections 41/102 Cr.P.C. and Section 411, 414 IPC pending before the court of Judicial Magistrate-II, Hardoi, within a stipulated time as this Court may deem fix. Learned AGA has no objection to the prayer made by
learned counsel for the applicants. In view of above, without entering into the merits of the case, the present application is disposed of with a direction to the court concerned to make an endevour to decide the case no. 5168/2019, expeditiously in accordance with law, in case there is no any other legal impediment and if any adjournment is unavoidable, only short dates may be fixed.
Order Date :- 9.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench