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Neutral Citation No. - 2025:AHC:21764 Court No. - 73 Case :- APPLICATION U/S 482 No. - 32441 of 2024 Applicant :- Ummed Ali Tyagi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Murli Dhar Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. By means of the present application under Section 482 Cr.P.C., the applicant has sought for a suitable direction to the learned Additional Chief Judicial Magistrate, Court No. 1, Muzaffar Nagar to pass appropriate order in Complaint Case No. 10451/9 of 2021 (Ummed Ali Tyagi Vs. Shubham and Others), Police Station Nai Mandi, District Muzaffar Nagar in light of application dated 01.12.2023 within short time stipulated by this Court.
3. It is submitted by learned counsel for the applicant that applicant has filed the aforesaid complaint in the year 2021. The statement of complainant under Section 200 Cr.P.C. and statement of witnesses under Section 202 Cr.P.C. have already been recorded but the order on point of summoning (under Section 203 / 204 Cr.P.C.) is not being passed by the Trial Court. Earlier, by order dated 03.07.2024, passed in Application 482 No. 4703 of 2024, the Trial Court was directed to pass appropriate order in accordance with law considering provision of Section 203/ 204 Cr.P.C. within a short period but despite that matter has not been heard by the Trial Court on the point of summoning and thus, a direction may
be issued to the Trial Court concerned to decide the matter within specific time frame.
4. In view of aforesaid, the Court concerned is directed to expedite the proceedings of the aforesaid case and to pass an appropriate
order in accordance with law considering provision of Section 203 / 204 Cr.P.C., at the earliest, preferably within a period of seven months from the date of production of copy of this order before the court concerned, provided there is no legal impediment.
5. The application under Section 482 Cr.P.C. is disposed of accordingly.
Order Date :- 14.2.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad