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2025 DAILYLAW 132402 (ALL)

ALOK KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/3020/2025 · 2025-04-10

Manish Kumar

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20471 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3020 of 2025 Applicant :- Alok Kumar Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Brijesh Kumar Singh,Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. Present case has been preferred under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Additional Chief Judicial Magistgrate Court No. 19, Sultanpur to dispose of FR relating to Case Crime No. 291 of 2023 under Section 323, 504, 506, 427, 394 IPC Police Station Dostpur, District Sultanpur expeditiously within a period of one month. " At the very outset, learned counsel for the applicant has submitted that due to inadvertent typographical mistake, Section 482 Cr.P.C/528 Cr.P.C. has wrongly been transcribed in place of Section 483 Cr.P.C./529 B.N.S.S., thus, the present case may be treated as has been filed under Section 483 Cr.P.C./529 B.N.S.S.. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. In view of the aforesaid, the present case shall now be treated as it has been filed under Section 483 Cr.P.C./529 B.N.S.S. Learned counsel for the applicant has submitted that appropriate direction may be issued to the Additional Chief Judicial Magistrate, Court No. 19 to take a decision on the Final Report dated 12.12.2023 relating to Case Crime No. 291 of 2023 against which no protest petition has yet not been filed, within the time stipulated by this Court. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. Considering the fact that aforesaid final report is pending for disposal against which protest petition has yet not been filed since the year 2023 thus, without expressing any opinion on the merit of the case, the present application is hereby disposed of. It is expected that the learned court concerned shall make endeavor to take a decision on the Final Report relating to Case Crime No. 291 of 2023 expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned, in case there is no any other legal impediment and if any adjournment is unavoidable only short adjournment may be given. Order Date :- 10.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench