This order, under Section 483 Cr.P.C., directs the Addl. Civil Judge in Gorakhpur to decide a pending complaint case under specific IPC sections within six months without unnecessary adjournments.
Direction to the lower court to conclude the pending complaint case within six months without unnecessary adjournments.
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. - 69
Case :- APPLICATION U/S 483 No. - 17 of 2019
Applicant :- Nand Kumar Sahni Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-Ist, for the State.
The present application under section 483 Cr.P.C. has been preferred with a prayer to direct the court below to decide the Complaint Case No. 38 of 2011,(Sandeep v. Shiv Mohan and others) under sections- 147, 323, 504, 506 IPC, Police Station- Jhangaha, District- Gorakhpur pending before the Addl. Civil Judge (Sr. Division).ACJM-3, Gorakhpur within a stipulated period to be fixed by this Court.
Considering submissions of learned counsel for the applicant, facts and circumstances of the case and perusal of material available on record, no useful purpose would be served in keeping the application pending which is finally disposed off , with a direction to the concerned court below to consider and conclude the aforesaid Complaint Case No. 38 of 2011, (Sandeep v. Shiv Mohan and others) under sections- 147, 323, 504, 506 IPC, Police Station- Jhangaha, District- Gorakhpur pending before the Addl. Civil Judge (Sr. Division).ACJM-3, Gorakhpur expeditiously, if already not decided, strictly in accordance with law, after hearing the parties and without granting any unnecessary adjournment to either of the parties, preferably within a period of six months from the date of production of a certified copy of this order, provided the proceeding are not stayed by any court of law.
Order Date :- 17.9.2019
ssm
1 issue framed by the court
Whether an order directing the lower court to conclude a pending complaint case expeditiously can be issued under Section 483 Cr.P.C.
1 provisions across 1 enactments
Nand Kumar Sahni
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
