The High Court directed the Chief Judicial Magistrate, Hamirpur, to expedite the trial of Case No.11337 of 2021, deciding it within six months to prevent unnecessary adjournments.
Direction to C.J.M. Hamirpur to decide the case expeditiously within six months without unnecessary adjournments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- APPLICATION U/S 482 No. - 37446 of 2022
Applicant :- Abhay Kumar Nishad @ Deepak And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned A.G.A. for the respondent.
By means of this application under Section 482 Cr.P.C. the applicants seeks a direction to the Chief Judicial Magistrate, Hamirpur, to expedite the hearing of Case No.11337 of 2021 (State Vs. Siya Janki and others), arising out of Case Crime No.26 of 2021, under Sections 147, 353, 352, 504 I.P.C., Police Station Kotwali, District Hamirpur, in a time bound manner.
It is stated by the learned counsel for the applicants that the trial is pending before the lower court since 2021.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the applicant's case, this application under Section 482 Cr.P.C. is allowed with a direction to the Chief Judicial Magistrate, Hamirpur to decide the aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order, if there is no legal impediment.
Order Date :- 24.1.2023 Shivangi
Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Chief Judicial Magistrate, Hamirpur, is directed to expedite the trial of a pending case within six months.
1 provisions across 1 enactments
Abhay Kumar Nishad And 4 Others
State of U.P.
Sadhna Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
