This court, in a writ petition under Article 227 seeking directions for early disposal of a Section 340 Cr.P.C. case, held that given the pending Section 125 Cr.P.C. case and large pendency in Family Courts, it was not a fit case for such direction and dismissed the petition.
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Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 5108 of 2022
Petitioner :- Aayam Tathagat Banerjee Respondent :- Sneha Banerjee Counsel for Petitioner :- Anil Kumar Pandey
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the petitioner and learned A.G.A for the State as also perused the record.
This matter under Article 227 has been filed seeking direction to the court below for early decision of Complaint Case No.646 of 2022, under Section- 340 Cr.P.C., expeditiously preferably within three months.
It is submitted by learned counsel for the petitioner that fraud has been played by opposite party no.2 Smt. Sneha Banerjee and it is also submitted that case under Section 125 Cr.P.C. filed by opposite party no.2, is also pending before the court concerned.
This application has been moved by the petitioner on 13.07.2021. Substantial case under Section 125 Cr.P.C. is pending before the court concerned which is not disposed of. Application has been recently filed and keeping in mind a large number of pendency before the Family Court, this case is not a fit case in which direction for expeditious disposal should be given.
Petition lacks merit, and is, accordingly, dismissed .
Order Date :- 26.7.2022 Priya
Digitally signed by PRIYA KUSHWAHA Date: 2022.07.26 14:00:26 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether directions for expeditious disposal of a pending Section 340 Cr.P.C. case can be issued when the related Section 125 Cr.P.C. case is also pending and the court faces large pendency.
Aayam Tathagat Banerjee
Sneha Banerjee
Om Prakash Tripathi
As recorded by the court registry
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