This is a miscellaneous writ petition directing the trial court to expeditiously decide a pending application for opening a public pathway under Section 133 Cr.P.C. within six months.
Direction to the trial court to decide the pending application under Section 133 Cr.P.C. expeditiously within six months.
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Court No. - 91
Case :- CRIMINAL MISC. WRIT PETITION No. - 18286 of 2022
Petitioner :- Bijuli Singh Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Gulab Singh,Kumar Satyam Shivam Counsel for Respondent :- G.A.,Dinesh Kumar
Hon'ble Mohd. Azhar Husain Idrisi,J.
Case called out. Learned counsel for the petitioner as well as learned A.G.A. for the State is present. However, none responded on behalf of the respondent nos. 2 to 18 even in the revised call. Although, name of Sri Dinesh Kumar, for the respondents is printed in the cause list but his Vakalatnama is also not on record.
Office is directed to locate the Vakalatnama and keep it with record.
Learned counsel for the petitioner prays for to allow this application and to direct the respondent no. 4, i.e. Deputy District Magistrate, Tehsil- Handia, District Prayagraj to consider the application filed under Section 133 Cr.P.C. pending before him and vacate the public path way from private respondents and further be pleased to directed the respondent no. 4 to maintain the path way on spot.
Learned A.G.A. has no objection for the same.
The application is disposed off with the direction to the trial court to consider and decide the application filed under Section 133 Cr.P.C. expeditiously, preferable within a period of 6 months, from the date of production of certified copy of this order.
Accordingly, the application is disposed off.
Order Date :- 9.2.2023
Israr
Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the learned magistrate should be directed to consider and decide the pending application under Section 133 Cr.P.C. expeditiously.
1 provisions across 1 enactments
Bijuli Singh
State Of U.P.
Deputy District Magistrate, Tehsil- Handia
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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