Disposed

Smt. Priyanka @ Simmi v. State of U.P. and Another

Allahabad HC9 Sept 2021A482/8880/2021

Case brief

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What is this about?

Application for expediting the trial of a pending Section 125 Cr.P.C. case filed under Section 482 Cr.P.C. Court disposed of the matter observing that the lower court should decide the case expeditiously without unnecessary adjournments without expressing an opinion on merits.

What did the court decide?

Observation directed that the trial court expeditiously decide the case without unnecessary adjournments, subject to legal impediments.

Smt. Priyanka @ Simmi Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 8880 of 2021

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Applicant :- Smt. Priyanka @ Simmi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Gupta,Shiv Shankar Gupta

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Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Sri Dharmendra Kumar holding brief of Sri Dinesh Kumar Gupta, learned counsel for the applicant, Sri Rajesh Kumar Pandey, learned counsel appearing for the opposite party no.2 and Ms. Rachna Tiwari, learned A.G.A. for the Stateopposite party no.1.

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The present application under Section 482 Cr.P.C. has been filed for a direction to the Principal Judge, Family Court, Hamirpur to conclude the trial of Criminal Case No.13 of 2019 (Smt. Priyanka @ Simmi vs. Ambrish Srivastava), under section 125 Cr.P.C., Police Station-Kotwali, District Hamirpur expeditiously.

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Learned counsel for the applicant has referred to the order sheet of the case, a copy whereof has been appended alongwith the affidavit filed in support of the application, to submit that although the matter is pending since the year 2009 and various dates have been fixed but for some reason or other the case has been adjourned and the pendency of the proceedings is causing undue hardship to the applicant.

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Office report dated 03.09.2021 indicates that pursuant to previous order dated 25.03.2021 a report has been received from the Principal Judge, Family Judge, Hamirpur which has been placed on record. The aforesaid report dated 03.04.2021 indicates that the case was fixed for 08.04.2021 for evidence and arguments.

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Learned A.G.A. for the State-opposite party has fairly stated that he has no objection, if the trial is expedited. Learned counsel for the opposite party no.2 has also made a prayer that the proceedings be expedited.

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Having regard to the aforementioned facts and circumstances and without expressing any opinion on the merits of the case, the present application is disposed of with an observation that the court below would make an endeavour to decide the

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aforesaid case in accordance with law as expeditiously as possible, without granting any unnecessary adjournments to either of the parties, provided there is no other legal impediment.

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Order Date :- 9.9.2021

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Nitendra

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(Dr. Y.K. Srivastava, J.)

Smt. Priyanka @ Simmi v. State of U.P. and Another

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Smt. Priyanka @ Simmi v. State of U.P. and Another

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