Criminal writ petition seeking direction to conclude pending section 145 Cr.P.C. proceedings regarding disputed land possession within two months. Court disposed of petition by directing disposal without adjudicating merits.
Direct respondent Additional Collector to dispose of pending section 145 Cr.P.C. application within two months.
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Court No. - 91
Case :- CRIMINAL MISC. WRIT PETITION No. - 17610 of 2022
Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Singh Kashyap,Ajay Kumar Kashyap
Counsel for Respondent :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State.
The petitioner herein has filed the present criminal writ petition seeking following relief:-
"(a) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no. 2 to conclude the proceeding under section 145 Cr.P.C. pending before the Additional Collector(F) Chhiibramau, District - Kannauj within a specified period of time in accordance with law. (Annexure no. 2 to the writ petition ).
(b) Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to interfere in the peaceful possession of the petitioner of the land 1/6 part of Gata No. 199/1 raqba 0.63D. and Gata No. 199/2 Raqbal 0.20D (total 2 KITA, RAQBA 0.83D) as per sale deed dated 08.12.2003 (Annexure no. 1 to this writ petition)."
Leaned counsel for the petitioner has confined his submission with regard to disposal of the application under section 145 Cr.P.C. which is stated to be pending before respondent no. 2- Addl. Collector (F) Chhiibramau, District - Kannauj within stipulated time.
Learned A.G.A. has no objection for expeditious disposal of the pending application under Section 145 Cr.P.C.
In view of the categorical submission made by learned counsel for the parties, without entering into the merits of the case, the present writ petition is finally disposed of with the direction to respondent no. 2- Additional Collector (F) Chhiibramau, District - Kannauj, to
decide the application under section 145 Cr.P.C. pending before the Additional Collector (F) Chhiibramau, District - Kannauj which is stated to be pending before him within two months, from the date of production of a certified copy of this order, subject to any legal impediment.
Order Date :- 22.2.2023
M. Tarik
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
2 issues framed by the court
Whether to direct Additional Collector to dispose of pending section 145 Cr.P.C. proceedings within two months.
Whether to direct respondents not to interfere in petitioner's peaceful possession of land.
1 provisions across 1 enactments
Ashok Kumar
State Of U.P.
Mohd. Azhar Husain Idrisi
Mohd Tarik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
