Disposed

Rama Shankar and Another v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Allahabad HC10 Oct 2023/634/2023

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 483 Cr.P.C. directing the Sub-Divisional Magistrate to decide a pending Section 133 Cr.P.C. case within a stipulated period to serve the interest of justice.

What did the court decide?

Directed the Sub-Divisional Magistrate to decide the pending Case No. T-201910690109564 under Section 133 Cr.P.C. with expedition.

Rama Shankar and Another Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:65848

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Court No. - 28

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Case :- APPLICATION U/S 483 No. - 634 of 2023

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Applicant :- Rama Shankar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard Sri O.P. Tiwari, learned counsel for the applicants as well as Sri Anirudh Kumar Singh, learned AGA-I for the State and perused the record.

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The instant application under section 483 Cr.P.C. has been filed with the prayer to direct the Learned Sub Divisional Magistrate, Tehsil- Sadar, District- Unnao i.e. opposite party no.2 to decide the Case No. T-201910690109564, Under section- 133 Cr.P.C., Police Station- Achalganj, District- Unnao, (State Versus Rama Shankar and others) which is pending since 12.06.2019, within the stipulated period of time.

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Learned counsel appearing for the applicants submits that the matter pertains to the year 2019 and and application u/s 133 Cr.P.C. was moved before the Sub Divisional Magistrate, Tehsil- Sadar, District- Unnao i.e. opposite party no.2 which was registered as Case No.T-201910690109564 on 12.06.2019 and the objection was invited and the rejoinder affdiavit too has been filed and the other evidences have been adduced thereof even after passing of about four years, the proceeding of the case has not been concluded yet.

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After arguing at length, learned counsel appearing for the applicant submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the trial court to decide the matter within the stipulated period of time as may be fixed by this court.

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Considering aforesaid innocuous prayer, the trial court is directed to consider and decide the case no. T- 201910690109564 of 2019, with expedition, strictly in accordance with law, considering the instructions and guidelines issued by this court from time to time.

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With the aforesaid observations, the instant application stands disposed of.

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Order Date :- 10.10.2023/Manoj K.

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rama Shankar and Another v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

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Rama Shankar and Another v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

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What the court decided

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