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2025 DAILYLAW 41471 (ALL)

UMESH KUMAR v. State of UP AND ANOTHER

A482/11976/2024 · 2025-04-28

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67851 Court No. - 74 Case :- APPLICATION U/S 482 No. - 11976 of 2024 Applicant :- Umesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Pandey,Dhiresh Kumar,Vivek Gangwar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. This application under section 482 Cr.P.C. has been preferred on behalf of applicant for seeking expeditious disposal of trial pending in shape of Case No.5387 of 2022 (State vs. Umesh Kumar) arising out of Case Crime No.07 of 2022, under sections 505(2), 504 I.P.C. and section 67 of I.T. Act, P.S. Hafizganj, District- Bareilly, before learned court of Chief Judicial Magistrate, Bareilly. 3. At the very outset, learned A.G.A. raised a preliminary objection by way of submitting that the prayer for expeditious disposal as made in the instant application shall not be entertained by this Court, since the said prayer cannot be entertained in application under section 482 Cr.P.C., whereas the same shall be entertained in application 483 Cr.P.C. or matter under Article 227 of the Constitution of India, hence the instant application is liable to be dismissed. 4. When confronted with above, learned counsel for the applicant could not overcome the same. 5. In view of the above, this application under section 482 Cr.P.C. stands dismissed on the grounds of alternative remedy. Order Date :- 29.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad