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2025 DAILYLAW 142059 (ALL)

MOID AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

A483/447/2025 · 2025-06-02

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34248 Court No. - 4 Case :- APPLICATION U/S 483 No. - 447 of 2025 Applicant :- Moid Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Dr. Surendra Kumar Misra,Avnish Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J. 1.Heard learned counsel for the petitioner and the learned A.G.A., for the State-respondents. 2. The present petition under Section 483 Cr.P.C. (Now U/s.529 B.N.S.S) has been preferred by the petitioner with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned Additional District and Sessions Judge, Court No.4, Lakhimpur Kheri, to decide the Case No.61/2017, In;Re "State versus Rashida and others" arising out of F.I.R./Case Crime No.0221 of 2016, under Section 302, 201, 120-B IPC, Police Station Phardhan, District Kheri, which is pending in the Court of Learned Additional District and Sessions Judge, Court No.4, Lakhimpur Kheri as expeditiously as possible, in interest of justice." 3. At the very outset, learned counsel for the petitioner has confined his prayer to the extent that a direction may be issued to the concerned court to decide the matter expeditiously, within the stipulated time as this court may deem fit. 4. Learned A.G.A., submits that he has no objection in case an expedite order is passed. 5. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the Additional District and Sessions Judge, Court No.4, Lakhimpur Kheri to consider and decide the pending Case No.61/2017, In;Re "State versus Rashida and others" arising out of F.I.R./Case Crime No.0221 of 2016, most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. 6. It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the case of the petitioner strictly in accordance with law. 7. With the aforesaid, the petition is disposed of. Order Date :- 2.6.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench