Devi Shankar Mishra Vs State of U.P.

Court No. - 72

Case :- APPLICATION U/S 482 No. - 44105 of 2022

Applicant :- Devi Shankar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeet Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma, J.

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Heard Sri Rohit Shukla, Advocate, holding brief of Sri Sanjeet Kumar Mishra, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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By way of the instant application, the applicant has prayed for a direction to the learned Chief Judicial Magistrate 04th district Allahabad to decide the Criminal Case No. 682 of 2013 - (State Vs. Pankaj Shukla), under Sections 323, 504, 498-A, I.P.C & 3/4 D.P. Act, Police Station - Manda, District - Allahabad (arising out of Case Crime No. 50 of 2013), pending in the Court of Judicial Magistrate 04th, Allahabad, within stipulated period..

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I have considered the submissions advanced by learned counsel for the petitioner and perused the record.

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The matter is pending since 2013, but till now the concerned court could not frame the charge.

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Obviously, the court below is under obligation to expedite the proceeding adhering to the provision of Section 309 Cr.P.C.

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In this view of the matter, this petition is disposed of with the direction that the court below will expedite and dispose of the aforesaid case in accordance with law expeditiously preferably within a period of one year from the date of production of a certified copy of this order before it after affording opportunity of hearing to the parties concerned, if there is no legal impediment.

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After compliance of the order by the Chief Judicial Magistrate 04th district Allahabad, the report may be submitted before the Registrar (Judicial), which shall be kept on record.

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Order Date :- 3.1.2023 Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Devi Shankar Mishra v. State of U.P.

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Devi Shankar Mishra v. State of U.P.

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