Held that the High Court directs the court below to decide the pending matrimonial case under sections 498A and 323 IPC expeditiously within one year, preventing unnecessary adjournments.
Direction to the court below to decide Case No.1426 of 2017 within one year, without unnecessary adjournments.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 4483 of 2023
Applicant :- Laik Ahmad Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Mohd. Samiuzzaman Khan, learned counsel for the applicant and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the concerned court below for early decision of Case No.1426 of 2017 (State vs. Mehboob Khan), arising out of Case Crime No.661 of 2015, under Sections 498A, 323, 504 IPC, Police Station-Kotwali, District-Fatehpur, pending before the court of Civil Judge (J.D.), Fast Track, Crimes Against Women, Fatehpur.
Learned counsel for the applicant submits that initially, the accused persons were granted protection, however, the interim order has been vacated by order dated 11.01.2023 passed in Application U/s 482 No.3393 of 2020. Learned counsel prays that the court below may be directed to decide the said case within a stipulated period.
Having gone through the relief as sought for, without expressing any opinion on the merits of the case, the present application is finally disposed of with a direction to the court below to decide aforesaid case in accordance with law, without granting unnecessary adjournments to either of the parties, as expeditiously as possible, preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
It is open to the Court concerned to take all measure, as per law, to ensure the presence of the accused/informant.
Order Date :- 3.3.2023 Jitendra/-
Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the court below to decide the pending case expeditiously within a stipulated period without unnecessary adjournments.
1 provisions across 1 enactments
Laik Ahmad Khan
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
