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2025 DAILYLAW 136073 (ALL)

JAGDISH KUMAR SINGH v. THE STATE OF U.P. THRU. ADDL. CHIEF SECY. / PRIN. SECY. GOVT. OF U.P. HOME DEPTT. LKO. AND ANOTHER

A483/357/2025 · 2025-04-25

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23941 Court No. - 14 Case :- APPLICATION U/S 483 No. - 357 of 2025 Applicant :- Jagdish Kumar Singh Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Govt. Of U.P. Home Deptt. Lko. And Another Counsel for Applicant :- Yogendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard. 2. The present application under Section 483 Cr.P.C. has been filed with the following prayers : "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Chief Judicial Magistrate district Bahraich to decide the Protest Application dated 19-12-2023 filed by the respondent. No: 2 and decide the Final Report. No: B-60 of 2022 Final Report dated 11-12-2022 and 14-02-2023 filed by the Investigating Officer in Case Crime No. 212 of 2022 under Section 409,419,420,467, 468, 471 and 506 of Indian Penal Code at Police Station Dargah Sharif, District Bahraich." 3. Learned counsel for the applicant has submitted that an F.I.R dated 11.07.2022 has been lodged by Respondent No.2 against the applicant under Sections, 409, 419, 420, 467, 468, 471, 506 I.P.C. The police after investigation has submitted the final report on 11.12.2022 to the office of S.P., Behraich, on which an order was passed for further investigation, thereafter, the final report was submitted before this Court on 3.8.2023. Against the final report a protest application has been preferred by the Respondent No.2 on 19.12.2023 and thereafter about 51 dates have been fixed but no decision has been taken on the protest application, except on 35th date i.e. on 17.11.2024 the Respondent No.2 was heard. The applicant, who is the accused in the case, is being harassed by the complainant / Respondent No.2 by not arguing the protest application, due to which the criminal case is pending and the applicant is facing difficulty by appearing on each and every date. 4. Learned counsel for the applicant prays that a direction may be issued to the court below to decide the protest application within stipulated time as this Court may fix. 5. On the other hand learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 6. After hearing learned counsel for the parties and without entering into the merits of the case, it is expected that the court concerned shall make endeavour to decide the protest application dated 19.12.2023 moved by the Respondent No.2, which is pending before the court concerned, expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournment to either of the parties. If any adjournment is sought by either of the parties, only short dates may be given. 7. With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed of. Order Date :- 25.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench