Allowed

Komal Kishore Singh v. State of U.P and 3 Others

Allahabad HC4 Feb 2022A482/1416/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court directed the Chief Judicial Magistrate, Jalaun, to expeditiously decide a criminal case pending since 2009 within six months to prevent a travesty of justice.

What did the court decide?

Direction to the Court of Chief Judicial Magistrate, Jalaun at Orai to decide Case No. 2745 of 2009 expeditiously within six months without unnecessary adjournments.

Komal Kishore Singh Vs State of U.P and 3… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 34

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Case :- APPLICATION U/S 482 No. - 1416 of 2022

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Applicant :- Komal Kishore Singh Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Ayank Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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By means of the present application under Section 482 Cr.P.C., the applicant has sought for a suitable direction to the Court of Chief Judicial Magistrate, Jalaun at Orai to decide the Case No. 2745 of 2009 (State Vs. Arun Kumar Singh and Others), arising out of Case Crime No. 940 of 2009, under Sections 419, 420, 467, 468, 471, 506/34 IPC, Police Station Kotwali Orai, District Jalaun, within time stipulated by this Court.

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It is argued by learned counsel for the applicant that his case being Case No. 2745 of 2009 is pending in the Court of Chief Judicial Magistrate, Jalaun at Orai and it is languishing since 2009. Previously also he got the order from this Court to expedite the matter on 30.04.2018, but still the case is pending at the stage of evidence though learned AGA opposed the same and argued that if on 30.04.2018 the applicant got an order from this Court to get his case decided within one year after the date of passing order and the case was not decided within a stipulated time, the applicant would have filed contempt proceeding. In reply to this argument, the applicant's counsel has drawn the attention of this Court towards Section 20 of the Contempt of Courts Act, 1971. According to which, no Court shall initiate any proceedings of contempt either on its own motion or otherwise after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.

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As four years after passing the order dated 30.04.2018 are about to pass, it would be travesty of justice, if the compliance of the order dated 30.04.2018 is not made or the case pending since 2009 is not expedited, hence the application of the applicant is disposed with the direction that the Court of Chief Judicial Magistrate, Jalaun at Orai shall decide the Case No. 2745 of 2009 (State Vs. Arun Kumar Singh and Others), arising out of Case Crime No. 940 of 2009, under Sections 419, 420, 467, 468, 471, 506/34 IPC, Police Station Kotwali Orai, District

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Jalaun expeditiously without granting unnecessary adjournment to the parties preferably within a period of six months of passing this order.

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In view of the above, the application is disposed of.

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Order Date :- 4.2.2022 SK Srivastava

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Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.02.09 11:55:17 IST Reason: Location: High Court of Judicature at Allahabad

Komal Kishore Singh v. State of U.P and 3 Others

Case brief

What is this about?

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Komal Kishore Singh v. State of U.P and 3 Others

Case brief

What is this about?

What did the court decide?

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