CHANDRAPAL SINGH YADAV v. STATE OF U.P. AND ANOTHER
A483/1584/2024 · 2025-06-03
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91492 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91492 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:95271 Court No. - 53 Case :- APPLICATION U/S 483 No. - 1584 of 2024 Applicant :- Chandrapal Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jadu Nandan Yadav,Pushpendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 CrPC has been filed with a prayer to direct the court concerned to decide the Misc. Case No. 271/11/2011 of 2010, arising out of case crime no. 3030 of 2011, under Sections 376, 506 IPC, Police Station Kamalganj, District Farrukhabad, pending in the Court of Judicial Magistrate, Sadar, Farrukhabad expeditiously within stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. Vide orders dated 22.1.2025 and 12.3.2025 respectively a report was called for from the Court concerned regarding the actual position and status of the present matter. In compliance of the said directions, the Chief Judicial Magistrate, Farrukhabad has submitted his report dated 21.3.2025 wherein it has been mentioned that the concerned record was registered in the Court of J.M. Sadar, Farrukhabad and according to the judgment register, Form No. 45, pertaining to the year 2012 the said case has been decided on 28.3.2012. It is also reported that now the said record is missing and a preliminary enquiry is pending under the orders of the District and Sessions Judge, Farrukhabad dated 18.1.2025.
4. In these circumstances, it would be proper to give a direction to the District Judge, Farrukhabad to get the enquiry concluded as expeditiously as possible and on the basis of the enquiry (preliminary / final) and also by searching out the possibility of reconstruction of lost record, the desired information should be given to the present applicant as to whether any final report was submitted in the matter or not and if it is submitted whether it was accepted by the Court concerned or not.
5. It is also observed that thereafter it will be open to the applicant
to move another suitable application in accordance with law.
6. With the aforesaid observations, the application is disposed of accordingly. Order Date :- 4.6.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad