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2025 DAILYLAW 153340 (ALL)

MAHESH KUMAR v. STATE OF U.P. THRU. SECY. LAW LKO. AND ANOTHER

A483/562/2025 · 2025-07-24

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42730 Court No. - 29 Case :- APPLICATION U/S 483 No. - 562 of 2025 Applicant :- Mahesh Kumar Opposite Party :- State Of U.P. Thru. Secy. Law Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application under section 483 Cr.P.C. has been filed with the following prayer :- "i. Issue a suitable, order or direction commanding Learned Additional Sessions Judge/FTC-I, Sultanpur to decide the application bearing Application No. 38Ka dated 17/10/2023 currently pending in Sessions Trial No. 251A/2015, 'State Vs. Mahesh', arising out of Case Crime No. 2020/2010, under sections 147, 323, 308, 504, 506 IPC, P.S Kotwali Nagar, District Sultanpur, expeditiously within such period as may be stipulated by this Hon'ble Court in the interest of justice;" Contention of learned counsel for the applicant is that the applicant is a juvenile and his date of birth as per high school certificate is 03-03-1993 and the alleged incident is said to have taken place on 25-10-2023 and in this regard, an application was moved on 03-11-2023 before the trial court, appended as Annexure No. 4 to this application and the same is still pending consideration. She submits that the interest of justice would be sub- served if this Hon'ble Court may be pleased to direct the learned trial court to consider and decide the aforesaid application within a stipulated period of time, as may be fixed by this court. Learned counsel for the State has no objection to the aforesaid contentions of learned counsel for the applicant. Having heard learned counsel for the parties, it transpires from the application appended as Annexure No. 4 that the same is placed on record on 03-11-2023 before the learned trial court. The high school certificate of the applicant is prima- facie also, apparent that the applicant is juvenile. Be that as it may, learned trial court concerned is directed to consider and decide the application dated 03-11-2023 within a period of sixty days from the date a certified copy of this order is produced before it, if it is not decided earlier. With the aforesaid observations, the instant application stands disposed of. Order Date :- 24.7.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench