Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:17932 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 11495 of 2024 Petitioner :- Smt Ram Sakhi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sushil Kumar Shukla,Varun Ojha Counsel for Respondent :- Ansar Ahmad,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Sushil Kumar Shukla, learned counsel for the petitioner, Sri Ansar Ahmad, learned counsel for the respondent no.3 and learned A.G.A. for the State.
2. The instant petition has been preferred for challenging order dated 08.05.2024 passed by learned court of Session Judge, Kanpur Nagar, through which order passed in pursuance to section 146(1) Cr.P.C. has been upheld, which impugned the present petition.
3. It is the undisputed and admitted fact made by both the learned counsels for the parties that there is no adjudication made by concerned Sub Divisional Magistrate in pursuance to section 145(4) Cr.P.C. and as such concerned Sub Divisional Magistrate is hereby directed to pass appropriate orders under section 145(4) Cr.P.C. on the basis of documents and evidences led by both the parties within next three months from the date of production of certified copy of this order.
4. However, it is made clear that final adjudication shall also be dependent upon the opportunity extended to both the parties without extending any unnecessary adjournment, if the same is unavoidable, with reasoned and speaking order.
5. The instant petition stands disposed of accordingly. Order Date :- 7.2.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad