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2025 DAILYLAW 131595 (ALL)

MOHIT KUMAR AND 12 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO.

A483/282/2025 · 2025-09-10

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 282 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant application under section 483 Cr.P.C. has been filed with the following prayer: "Wherefore, it is most humbly prayed that this Hon'ble Court in exercise of its the inherent powers of superintendence over the Subordinate Courts vested under Section 483 r/w Section 482 of the Criminal Procedure Code, 1973 and pass such order or direction in Criminal Case No. 51263 of 2015 in case crime no. 610 of 2014 [State of Uttar Pradesh vs. Mohit Kumar and Others] filed under Sections 147, 332, 341, 323, 504, 506, 353, 336, 188, 427 of the Indian Penal Code, 1860; Section 7 of Criminal Law (Amendment) Act, 2013; Section 3 of the Prevention of Damage to Public Property Act, 1984 pending in the Court of Ld. Chief Judicial Magistrate, Lucknow to expedite the aforesaid proceedings and to conclude the same within stipulated time, in the interest of justice." On 16th of April, the following order was passed: "The present application under Section 482 Cr.P.C. has been filed with a prayer to expedite and conclude the proceedings within the stipulated time in Criminal Case No. 51263 of 2015 arising out of Case Crime No. 610 of 2014, under Sections 147, 332, 341, 323, 504, 506, 353, 336, 188, 427 I.P.C., Section 7 of Criminal Law (Amendment) Act, 2013 and Section 3 of the Prevention of Damage to Public Property Act, 1984 pending in the court of Chief Judicial Magistrate, Lucknow. Versus Counsel for Applicant(s) : Lakshmi Kant Tripathi, Narendra Shanker Shukla Counsel for Opposite Party(s): G.A. Mohit Kumar And 12 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) It has been argued that there is no evidence against the applicants on record to charge-sheet the applicants and the applicants have been mechanically summoned. The A.G.A. may file counter affidavit within eight weeks. The applicant shall have four weeks thereafter to file rejoinder affidavit. Meanwhile, proceedings against the applicants in Criminal Case No. 51263 of 2015 arising out of Case Crime No. 610 of 2014, under Sections 147, 332, 341, 323, 504, 506, 353, 336, 188, 427 I.P.C., Section 7 of Criminal Law (Amendment) Act, 2013 and Section 3 of the Prevention of Damage to Public Property Act, 1984 pending in the court of Chief Judicial Magistrate, Lucknow shall remain stayed and no coercive action shall be taken against the applicants." The prayer is for directing the trial court concerned to expedite the Criminal Case No. 51263 of 2015, whereas the proceedings of the aforesaid criminal case had been stayed vide order dated 16th of April, 2025, thus, the order dated 16th of April, 2025 is hereby recalled. The learned trial court concerned is directed to consider and decide the Criminal Case No. 51263 of 2015, [State of Uttar Pradesh vs. Mohit Kumar and Others], arising out of Case Crime No. 610 of 2014, under Sections 147, 332, 341, 323, 504, 506, 353, 336, 188, 427 IPC, Section 7 of Criminal Law (Amendment) Act, 2013; and Section 3 of the Prevention of Damage to Public Property Act, 1984, if the matter is still pending consideration, with expedition, in accordance with law, considering the instructions and guidelines issued by this court; time to time. With the aforesaid observation, the instant application stands disposed of. September 10, 2025 kkv/ A483 No. 282 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench