A writ petition under Article 226 seeking expeditious disposal of a criminal case was dismissed for non-disclosure of facts and lack of preparation by the petitioner. The court found no need to interfere in the ongoing proceedings.
The writ petition was dismissed for non-disclosure of material facts and lack of preparation by the petitioner.
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Court No. - 55
Case :- MATTERS UNDER ARTICLE 227 No. - 9301 of 2019 Petitioner :- Hari Narayan Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ali Akbar Ansari Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Dilip Kumar, Advocate holding brief of Ali Akbar Ansari, learned counsel for the petitioner, learned A.G.A. and perused the record.
This writ petition has been filed seeking direction for expeditious disposal of Criminal Case No. 3292 of 2015 (Hari Narayan Gupta vs. Sangai gupat and others), under Sections 323, 392, 504, 506, 452 I.P.C., Police Station Kotwali, District Ghazipur.
From perusal of the order sheet attached with this petition, it appears that by order dated 19.07.2016, the opposite parties no. 2 to 5 were summoned by the Chief Judicial Magistrate, Ghazipur. Thereafter, by order dated 15.03.2017, the opposite parties appeared and from 30.03.2017, the case was fixed for recording of statement under Section 244 Cr.P.C. It appears that on 30.05.2019, some application was given from the side of opposite parties and the case is running for disposal.
On being enquired, the learned counsel for the petitioner has not been able to state what kind of the said application has been given. The petition also does not disclose this fact. It appears that the petition has been filed without proper preparation and without narrating the necessary facts on the basis of which the request has been made. As such, there is no need to interfere in the proceeding which is continuing before the Chief Judicial Magistrate, Ghazipur.
The petition has got no force and is liable to be dismissed.
Accordingly, the writ petition is dismissed.
Order Date :- 7.12.2019 sailesh
1 issue framed by the court
Whether the High Court should interfere in a criminal proceeding pending before the Chief Judicial Magistrate where the petitioner failed to specify the application filed by the opposite parties.
Hari Narayan Gupta
State Of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
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