SMT. KAMLA DEVI v. STATE OF U.P. THRU. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER
A483/271/2025 · 2025-04-08
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130532 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130532 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19829 Court No. - 14 Case :- APPLICATION U/S 483 No. - 271 of 2025 Applicant :- Smt. Kamla Devi Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko. And Another Counsel for Applicant :- Surya Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. The instant application under Section 483 Cr.P.C. read with Section 529 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the trial court to decide the Criminal Misc. Case No. 285/2018, Smt. Kamla Devi vs. Shiv Sagar, under Section 340 Cr.P.C. pending before the court of Civil Judge (JD)/Magistrate, Gonda pending before him since 20.12.2018, within some stipulated time in the interest of justice."
Learned counsel for the applicants has submitted that the applicants have filed an application under Section 340 Cr.P.C. against the respondent no. 2 and Crl. Misc. Case No. 285/2018 has been registered, which is pending before the court of Civil Juddge (J.D.)/Magistrate, Gonda, since
20.12.2018. It is further submitted that the concerned court had mostly given the general dates even when the counsel for the applicant was present on the date fixed and unnecessarily lingering the matter. Considering the submissions made by learned counsel for the applicants, going through the order-sheets which has been enclosed as Annexure no. 3 and without going into the merits of the case, the present application is disposed of with a direction to the court concerned to decide the case filed by the applicants expeditiously in accordance with law, if there is no any other legal impediment and without granting any unnecessary adjournments to either of the parties.
Order Date :- 8.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench