RADHESHYAM PANDEY v. THE COURT OF LEARNED RESIDENT MAGISTRATE AYODHYA AND 2 OTHERS
A227/3788/2025 · 2025-07-01
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144170 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144170 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37003 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 3788 of 2025 Petitioner :- Radheshyam Pandey Respondent :- The Court Of Learned Resident Magistrate Ayodhya And 2 Others Counsel for Petitioner :- Prabhakar Pandey,Aman Pandey,Vivek Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel for the State. 2. In view of the proposed order notice to private respondents is dispensed with. 3. By means of the present petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of application under section 340 readwith 195 Cr.P.C. in Case No. 8316 of 2023 Under Section 116 of U.P. Rvenue Code, 2006 (Dev Narayan Pandey Vs. Rdhey Shyam Pandey and others. 4. Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case Court of Resident Magistrate, Ayodhya/respondents No. 1, considers and decides the aforesaid case in the time bound manner. 5. Considering the fact that the applicant was filed in 2024 of which notices have been issued and proceedings are underway, there is no disclosure of any extra ordinary circumstance as to why this Court should exercise its jurisdiction under Article 227 of the Constitution of India to direct the trial court/competent authority to decide the same expeditiously. 6. This Court is conscious of the fact that the trial courts/competent authority are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court/competent authority to decide any particular case out of turn expeditiously. It is when some extra ordinary circumstance is made out only then it would be appropriate for this Court to exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India. There also liberty should be given to the petitioner to place his grievances before the trial
court/competent authority who after looking into the urgency as well as dockets situation and pass appropriate orders to expedite the proceedings. In the present case no such circumstances has been mentioned or made out requiring interference of this Court under Article 227 of the Constitution of India. Hence the prayer as sought by the petitioner is rejected. 7.
However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the aforesaid application before the trial court/competent authority. In case, such application is moved within two weeks from today the trial court/competent authority shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court/competent authority is prima facie satisfied that a case for urgency is made out it shall pass suitable order thereon. 8. With aforesaid observation and direction the petition stands
disposed of. (Alok Mathur, J.)
Order Date :- 1.7.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench