A writ petition under Article 227 was filed praying for a direction to the Additional Chief Judicial Magistrate to decide an application filed under Section 195/340 Cr.P.C. expeditiously within two months.
Directed the court below to decide the application under Section 195/340 Cr.P.C. within two months.
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Court No. - 91
Case :- MATTERS UNDER ARTICLE 227 No. - 10092 of 2022
Petitioner :- Akshay Krishna Respondent :- Mukti Jaiswal And Another Counsel for Petitioner :- Saurabh Srivastava
Hon'ble Shiv Shanker Prasad,J.
Heard Sri Saurabh Srivastava, learned counsel for the petitioner and learned A.G.A. for the State.
By means of this writ petition under Article 227 of the Constitution of India, petitioner has prayed for a direction upon the court below i.e. Additional Chief Judicial Magistrate, Room No. 18, Allahabad to decide the application dated 18.07.2022 filed under Section 195/340 Cr.P.C. registered as Complaint No.31/A XII of 2022 (Akshay Krishna Vs. Smt. Mukti Jaiswal and another), within a reasonable time as may be fixed by this Court.
After hearing the learned counsel for the petitioner and learned A.G.A. for the State and perusing the materials brought on record as well as without expressing any opinion on the merits of the case, this petition is disposed of by providing that the court below shall consider and decide the application of the petitioner dated 18.7.2022 filed under Section 195/340 Cr.P.C., in accordance with law, by means of a reasoned and speaking order, expeditiously preferably within a period of two months from the date of production of a certified copy of this order.
Order Date :- 14.11.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.11.16 10:07:02 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the court below shall decide the application filed under Section 195/340 Cr.P.C. within a reasonable time.
Whether the impugned order should be re-examined under Article 227 of the Constitution.
Whether the directions issued by this Court shall be followed by the Court No. - 91.
2 provisions across 2 enactments
Akshay Krishna
Mukti Jaiswal
Shiv Shanker Prasad
As recorded by the court registry
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