ABHISHEK SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3538/2025 · 2025-04-25
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136313 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136313 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 14 Case :- APPLICATION U/S 482 No. - 3538 of 2025 Applicant :- Abhishek Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhinav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Shri Sandeep Yadav, Advocate has filed his vakalatnama on behalf of respondent no. 2, which is taken on record. 2. The present application under Section 483 Cr.P.C/529 B.N.S.S has been preferred with the following main prayer:-
"Wherefore in view of the above, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to: (a) Issue the order or direction to the Ld. Session Court to decide the application dated 04.10.2024 u/s 91 Cr.P.C. (u/s 94 BNSS) pending in the S.T. No.86 of 2024 (State versus Abhishek Singh alais Sarvan Singh and Ors.) expeditiously, in the time bound manner, in the interest of justice, as Annexure No. 1 to this application. (b) Issue the order or direction to the Ld. Session Court to stay the examination in chief and cross examination of P.W.8 (Investigation Officer Shri Ratan Kumar Sharma) in the S.T. No. 86 of 2024 (State versus Abhishek Singh alais Sarvan Singh and Ors.) till the pendency of the application dated 04.10.2024 u/s 91 Cr.P.C. (Under Sec 94 B.N.S.S.) / during the pendency of the present petition, in the interest of justice, as Annexure No. 1 to this application."
3. Learned counsel for the applicant, in the very beginning, has submitted that the applicant does not want to press the prayer no. (b) and he confined his prayer to the prayer no. (a) i.e to direct the Sessions Court to decide the application dated 04.10.2024 u/s 91 Cr.P.C. (u/s 94 BNSS) pending in the S.T. No.86 of 2024 (State versus Abhishek Singh alais Sarvan Singh and Ors) within the stipulated time fixed by this Court. 4. Learned A.G.A and learned counsel for respondent no. 2 has submitted that if the applicant is confining his prayer to only prayer no. (a), then they have no objection in a direction being issued to the concerned court to decide the application of the applicant. 5.
As such, the present application is disposed of and it is expected that the court of Additional District and Sessions Judge (F.T.C-1) Faizabad/Ayodhya shall make an endeavour to decide the application dated 04.10.2024 u/s 91 Cr.P.C. (u/s 94 BNSS) pending in the S.T. No.86 of 2024 (State versus Abhishek Singh alais Sarvan Singh and Ors), expeditiously, in accordance with law, without granting any unnecessary adjournments and if any adjournment is unavoidable, only short dates may be fixed. Order Date :- 25.4.2025/DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench