SHIV MURTI v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 2 OTHERS
A483/346/2025 · 2025-04-23
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135590 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135590 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23143 Court No. - 14 Case :- APPLICATION U/S 483 No. - 346 of 2025 Applicant :- Shiv Murti Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Farooq Ayoob,Km. Pooja Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. The present application under Section 483 Cr.P.C. has been filed with the following prayers:
"to direct the instant petition under section 483 Cr.P.C/529 B.N.S.S is being filed for a direction to the Additional Chief Judicial Magistrate, Court No. 17, District- Barabanki to decided the case no. 107/2015, Crime no. 254/2013, U/S- 419, 420, 406 I.P.C on dated 18.08.2014 (State of U.P. versus Brijendra Tiwari and another) which is pending before the Additional Chief Judicial Magistrate, Court No. 17, District- Barabanki, expeditious as possible within a period as stipulated by this Hon'ble court."
Learned counsel for the applicant has submitted that the learned court concerned was regularly allowing the applications on behalf of the accused persons for exemption from appearance on the date fixed. Since 28.01.2015 till 21.02.2025 about 75 dates were fixed, out of which on about 50 dates the applications moved by the accused persons for exemption from appearance were allowed, due to which the applicant, who is the complainant is deprived from getting justice.
Learned counsel for the applicant prays that a direction may be issued to the court concerned to decide the aforesaid case within stipulated time as this Court may fix. On the other hand learned A.G.A. has opposed the application but unable to dispute the submission made by the learned counsel for the applicant.
After hearing learned counsel for the parties and without entering into the merits of the case, it is expected that the court concerned i.e. Additional Chief Judicial Magistrate, Court No.17, District - Barabanki shall decide the case no. 107/2015, Crime no. 254/2013, U/S- 419, 420, 406 I.P.C, expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournment/ exemption from appearance shall not be granted in a routine manner, if any adjournment sought by either of the parties, only short dates may be given. With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed of.
Order Date :- 23.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench