Application under Section 482 Cr.P.C. seeking direction for expedited disposal of a complaint case under Section 138 N.I. Act pending since 2013. Court directed lower court to dispose within two months.
Direction to court below to expedite and dispose of the case within two months after affording opportunity of hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- APPLICATION U/S 482 No. - 18595 of 2019
Applicant :- Uday Pratap Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashwini Kumar,Ganesh Shanker Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for a direction to the court below to decide Complaint Case No. 1341 of 2013, (Uday Pratap Singh vs. Rajesh Kumar Shukla), under Section 138 of N.I. Act, Police Station Chetganj, District Varanasi, pending in the Court of Chief Judicial Magistrate, Court No.9, Varanasi, expeditiously.
I have considered the submissions advanced by learned counsel for the applicant and perused the record.
Obviously, the court below is under obligation to expedite the proceeding adhering to the provision of Section 309 Cr.P.C.
In this view of the matter, this application is disposed of with the direction that the court below will expedite and dispose of the aforesaid case in accordance with law expeditiously within a period of two months from the date of production of a certified copy of this order before it after affording opportunity of hearing to the parties concerned.
The District Judge is also directed to ensure that this case is decided on priority basis since it has been kept pending since 2013.
A copy of this order be sent to the District Judge concerned for ensuring compliance.
Order Date :- 9.5.2019 S Rawat
2 issues framed by the court
Whether the applicant is entitled to directions for expedited disposal of the complaint case pending since 2013.
Whether the High Court can direct the lower court to dispose of the proceeding within a specific timeframe under Section 482 Cr.P.C.
3 provisions across 2 enactments
Uday Pratap Singh
State Of Up
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
