In a criminal miscellaneous writ petition, the Court directed the Sub Divisional Magistrate to decide a pending inquiry under Section 133 Cr.P.C. expeditiously within 60 days without unnecessary adjournments.
Direction to the learned S.D.M. to decide the aforementioned case within a period of 60 days without granting any unnecessary adjournment.
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Neutral Citation No. - 2023:AHC:163747
Court No. - 80
Case :- CRIMINAL MISC. WRIT PETITION No. - 12691 of 2023
Petitioner :- Ram Lakhan Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Shailendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.
The present writ petition under Article 226 of the Constitution of India has been moved with prayer to issue an order or direction to the Sub Divisional Magistrate, Tehsil Shahganj, Jaunpur to decide the Case No.8189/2002, Computerized Case No.T202214360108189 (State vs. Sabhajeet and others) Under Section 133 Cr.P.C. pending before him expeditiously within the period stipulated by this Hon'ble Court.
It is submitted by learned counsel for the petitioner that case no.8189/2022 is pending since 16.11.2022 before the learned court of S.D.M. Further submitted that the case is being adjourned unnecessarily, therefore, requested for direction to the learned court of S.D.M. to decide the matter expeditiously as possible within stipulated time as fixed by this Hon'ble Court.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and perusal for record, it is expedient to direct the learned S.D.M. to decide the aforementioned case within a period of 60 days from the date of production of certified copy of this order, without granting any unnecessary adjournment to either of the parties.
Accordingly, this writ petition is disposed of finally.
Order Date :- 11.8.2023 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
2 provisions across 2 enactments
Ram Lakhan
State Of U.P.
Subhash Chandra Sharma
Ashok Kumar Gupta
As recorded by the court registry
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