Neutral Citation No. - 2025:AHC:25238 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4302 of 2025 Applicant :- Amit Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashraf Ali Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Hari Shankar Chaurasia (AOR A/H 0250/2015) holding brief of Sri Ashraf Ali, learned counsel for the applicant and Sri Muni Raj Mehrotra, learned AGA for the State. 2. This is an application U/s 528 of BNSS has been filed to expedite the learned Judicial Magistrate Kasiya, Kushinagar to entertain and decide the Criminal Misc. Application No. Nill/2024 (Amit Pratap Singh Vs. Satya Prakash Rai) dated 26.11.2024 under Section 340 read with Section 195 Cr.P.C. 3. The applicant herein had earlier approached this Court while filing application under Section 482 No. 11524 of 2024 in which on 05.09.2024 the following orders were passed.- "1. Heard Sri Ashraf Ali, learned counsel for applicant and perused the record. 2. The present application under Section 482 of Cr.P.C. has been filed to quash the order dated 27.09.2023 passed by Judicial Magistrate, Kasiya, District Kushinagar in Criminal Misc. Application No. 1948 of 2020 (Satya Prakash Rai vs. Amit Pratap Singh), under Section 340 Cr.P.C. 3. This Court is not convinced that applicant has locus to challenge the order dated 27.09.2023, whereby application of Opposite Party No. 2 filed under Section 340 Cr.P.C. was rejected. Said order is reproduced hereinafter: " पततवलल पपश हहई। पपकतर पर पररवतदल गगर हतजजर हग। पततवलल वतसतप ननसततरण पतररनतपत अनतगरत धतरत 340 Cr. P. C. ननयत हग, परनतप पररवतदल उपससरत नहह आ रहत हग, न हल पररवतदल कक ओर सप ककई सरगन पतररनत पत नदयत गयत हग। पररवतदल दतरत पतररनत पत पर बहस करनप हपतप ककई उपससरत नहह हग। ऐसत पतलत हक रहत हग नक अब पररवतदल कक पररवतद मम ककई रनच नहह रह गयल हग। अतत पररवतदल कत पररवतद खतररज नकयत जततत हग। पततवलल बतद आवशयक कतयरवतहल दतजखल दफतर हक ।" 4. Learned counsel for applicant submits that by way of reply to said application an offence under Section 340 Cr.P.C. was alleged to be committed by complainant of said application, therefore, Magistrate ought to have taken cognizance of it. 5. However, this Court is of the considered opinion that Magistrate concerned is not bound to take cognizance of reply. Therefore, there is no illegality in impugned order. 6. However, to secure the ends of justice, this application is disposed of with observation that order dated 27.09.2023 as well as present order will not come in the way if applicant files a separate application under Section 340 Cr.P.C." 4. Learned counsel for the applicant submits that he has preferred application under Section 340 on 26.11.2024, direction be issued to decide the same with most expedition without granting unnecessary delay. 5. Learned AGA has no objection to the same. 6. Considering the submission raised at bar, the application stands disposed of requiring the court below to expedite the proceedings strictly in accordance with law without granting unnecessary adjournments and, in case, any adjournment is granted then the same should be in exceptional circumstances in this regard, subject to legal impediment, if any. Order Date :- 20.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad