The High Court declined to exercise jurisdiction under Section 482 Cr.P.C. to expedite proceedings pending before a Magistrate Court, finding no delay on the Magistrate's part. It directed the concerned court to proceed expeditiously.
Court directed the concerned Magistrate to make efforts to proceed expeditiously in the matter.
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Court No. - 53
Case :- APPLICATION U/S 482 No. - 21332 of 2018
Applicant :- Mohammad Sajid Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J .
This application has been filed by the complainant to expedite the proceedings of Case no. 5840 of 2016 arising out of Crime No. 139 of 2016 (State Vs. Sultan), Under Section 326-B, 506 I.P.C., Police Station Chhatta, District- Agra pending before A.C.J.M. Court No. 12, .
The perusal of record would go to show that after summons were issued the accused persons have not appeared. The court has proceeded to issue bailable warrant and thereafter, non-bailable warrant has been issued.
A letter has also been sent to the S.S.P., Agra to effect the non-bailable warrant. It does not appear from the record that there is any delay on part of the Magistrate concerned or that he has not exercised jurisdiction vested in him by law.
No case is made out to exercise jurisdiction under Section 482 Cr.P.C.
However, it goes without saying that the court concerned shall make all endeavours to proceed expeditiously in the matter.
The application is, accordingly, disposed of.
O rder Date :- 15.6.2018 A. Pt. Singh
2 issues framed by the court
Whether jurisdiction under Section 482 Cr.P.C. should be exercised to expedite proceedings in a case pending before another court.
Whether there was delay or jurisdictional defect on the part of the Magistrate in issuing warrants.
1 provisions across 1 enactments
Mohammad Sajid
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
