RABIYA BEGAM v. LEARNED JUDICIAL MAGISTRATE ROOM NO 28 SULTANPUR AND 5 OTHERS
A483/416/2025 · 2025-06-02
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140449 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140449 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 11 Case :- APPLICATION U/S 483 No. - 416 of 2025 Applicant :- Rabiya Begam Opposite Party :- Learned Judicial Magistrate Room No 28 Sultanpur And 5 Others Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Pramod Kumar, learned counsel for the applicant and learned AGA. This application has been filed for a direction for disposal of Criminal Case No.1764/2018(State versus Kamran & Ors.), Case Crime No.0009/2017, under Section 498-A, 323, 504, 506, 406 I.P.C. and Section 3/4 of D.P.Act, Police Station Mahila Thana, District Sultanpur pending in the Court of Judicial Magistrate, Room No.28, Sultanpur. Submission of learned counsel for the applicant is that the trial is going on since 2018 but till date only two prosecution witnesses have been produced and the cross examination of them have also not been completed till date. Therefore he prays for disposal of the case within some stipulated period. Learned AGA opposes the submissions and submits that the witnesses are being produced and the court is fixing short dates and making an endeavour to decide the case. Considering the order proposed to be passed, requirement of issuance of notice to the respondent nos.2 to 6 is dispensed with. Without entering into the merits of the case,the petition is
disposed of with liberty to the applicant to approach the concerned court by moving an application for expeditious disposal of the case, which may be considered by the concerned court in accordance with law, as the Hon'ble Supreme Court in the order dated 10.11.2023 passed in Writ Petition(s) Criminal) No(s). 587 of 2023 has held that since every High Court and every court in the country has a huge pendency, the Constitutional Courts should avoid temptation of fixing a time- bound schedule for disposal of any case before any Court unless the situation is extra ordinary, and proceed accordingly.
Order Date :- 2.6.2025/Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench