Allowed

Smt. Urmila Devi v. State of U.P. and 3 Others

Allahabad HC21 Apr 2023A482/13015/2023

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. directing the Sub Divisional Magistrate, Gola, to conclude and decide the pending proceedings under Section 133 Cr.P.C. within six months in a proceeding regarding encroachment of a public way, citing delaying tactics by respondents.

What did the court decide?

Direction to Sub Divisional Magistrate, Gola, to conclude Case No. 3117 of 2021 under Section 133 Cr.P.C. within six months.

Smt. Urmila Devi Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 13015 of 2023

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Applicant :- Smt. Urmila Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Manoj Kumar, learned counsel for applicant, learned A.G.A. for the State and perused the record.

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The present application U/s 482 Cr.P.C. has been filed by applicant for a direction to court below to decide the Case No.3117 of 2021, Computerized Case No.T202105310703117 (Smt. Urmila Devi Vs. Ram Nayan and another), under Section 133 of Cr.P.C., P.S. Gola, District Gorakhpur pending before Sub Divisional Magistrate, Gola, Gorakhpur, within a stipulated period.

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It is submitted by learned counsel for applicant that opposite party nos.3 and 4 had encroached the public way and in the complaint filed by applicant notices were issued to the opposite party nos.3 and 4 by the Sub Divisional Magistrate vide order dated 22.3.2021. The opposite party no.3 and 4 have put in appearance before the court concerned but till date they have not filed any objection and are lingering the matter. It is further submitted that on account of delaying tactics adopted by opposite party nos.3 and 4, the case could not be proceeded and is pending since 2021.

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Considering the facts and circumstances of the case and without commenting on merits, the Sub Divisional Magistrate, Gola, Gorakhpur is directed to conclude the proceedings and decide the Case No.3117 of 2021, Computerized Case No.T202105310703117 (Smt. Urmila Devi Vs. Ram Nayan and another), under Section 133 of Cr.P.C., P.S. Gola, District Gorakhpur, preferably within a period of six months from the date of production of certified copy of this order, unless there is any legal impediment.

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With the aforesaid direction, the present application U/s 482 Cr.P.C. is disposed of.

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Order Date :- 21.4.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Smt. Urmila Devi v. State of U.P. and 3 Others

Case brief

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Smt. Urmila Devi v. State of U.P. and 3 Others

Case brief

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