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2025 DAILYLAW 97340 (ALL)

DEEPAK SINGH v. STATE OF U.P. AND ANOTHER

A227/11416/2025 · 2025-10-09

Vinod Diwakar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11416 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents, and perused the record. 2. The instant writ petition has been filed seeking a direction to the learned Chief Judicial Magistrate, Kaushambi, to decide Final Report No. 324 of 2017 (Manudev v. Deepak Singh), arising out of Case Crime No. 526 of 2016, under Sections 307, 436, 504, 506 IPC and Section 31(A) of the C.L.A. Act, Police Station Manjhanpur, District Kaushambi, expeditiously within a stipulated time frame. 3. Learned counsel for the petitioner submits that the petitioner was named as an accused in the aforesaid case. After completion of investigation, the police submitted a Final Report, which has been pending before the learned Magistrate since 05.01.2017. However, no effective order has been passed by the court on the said final report to date. It is further submitted that the inaction of the learned Magistrate in not taking a decision on the final report for over eight years is unjustified and contrary to the principles of speedy and effective justice. 4. Considering the facts and circumstances of the case and without entering into the merits of the matter, this Court is of the view that the final report cannot be kept pending indefinitely. The learned Magistrate is under a statutory obligation to either accept or reject the final report or pass appropriate orders thereon in accordance with law. Keeping such proceedings pending for years defeats the object of fair and timely adjudication. Versus Counsel for Petitioner(s) : Bhanu Kumar Ratnakar, Mohd. Monis Counsel for Respondent(s) : G.A. Deepak Singh .....Petitioner(s) State of U.P. and Another .....Respondent(s) 5. Accordingly, the present writ petition is disposed of with a direction to the learned Chief Judicial Magistrate, Kaushambi, to pass an appropriate order on Final Report No. 324 of 2017, strictly in accordance with law, preferably within a period of four weeks from the date of production of a certified copy of this order. October 10, 2025 Anil K. Sharma A227 No. 11416 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad