Jyoti Yadav Vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

Jyoti Yadav Vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to the learned Additional Chief Judicial Magistrate, First, Ayodhya to consider and decide Criminal Case No.897 of 2020 (State vs. Ravindra Yadav) expeditiously, strictly in accordance with law, affording opportunity to the parties, fixing short dates and without unnecessary adjournments.

Issue for consideration

Whether the High Court should direct the learned Additional Chief Judicial Magistrate, First, Ayodhya to decide Criminal Case No.897 of 2020 (State vs. Ravindra Yadav), pending since 2020, expeditiously within a stipulated period.

Ratio / Principle

Without entering into the merits, the petition was disposed of finally at the admission stage with a direction to the learned trial court, i.e. the learned Additional Chief Judicial Magistrate, First, Ayodhya, to consider and decide Criminal Case No.897 of 2020 (State vs. Ravindra Yadav).

Key takeaways

The trial court was directed to decide the case expeditiously, strictly in accordance with law, by affording an opportunity to the parties concerned, fixing short dates and without giving any unnecessary adjournments to any of the parties.ratio¶12

Detailed headnote1 paragraphs

Application under Section 483 Cr.P.C. (Jyoti Yadav v. State of U.P.) before the High Court of Judicature at Allahabad, Lucknow Bench (Rajesh Singh Chauhan, J.), disposed of finally at the admission stage on 8.1.2024, without entering into merits, with a direction to the learned Additional Chief Judicial Magistrate, First, Ayodhya to consider and decide Criminal Case No.897 of 2020 (State vs. Ravindra Yadav), arising out of Chargesheet No.226 of 2020 dated 20.06.2020 in pursuance of Case Crime / F.I.R. No.15 of 2022 under Sections 498-A, 323 & 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Cantt., District-Ayodhya, pending since 2020, expeditiously, strictly in accordance with law, by fixing short dates and without unnecessary adjournments. Notice to opposite party No.2 was dispensed with; the Additional Government Advocate raised no objection.

Neutral Citation No. - 2024:AHC-LKO:1896

Court No. - 11

Case :- APPLICATION U/S 483 No. - 4 of 2024

Applicant :- Jyoti Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Syed Ahmad Mehdi Counsel for Opposite Party :- G.A.

Hon'ble Rajesh Singh Chauhan,J.

1. Heard learned counsel for the petitioner and Ms. Nushrat Jahan, learned Additional Government Advocate for the State.

2. In view of the proposed order, the notice to apposite party No.2 is hereby dispensed with.

3. By means of this petition filed under Section 483 Cr.P.C., the petitioner has prayed for issuance of direction to the learned court below i.e. the learned Additional Chief Judicial Magistrate, First, Ayodhya to decide the Criminal Case No.897 of 2020 (State vs. Ravindra Yadav) arising out of the Chargesheet No.226 of 2020 dated 20.06.2020 in pursuance of Case Crime / F.I.R. No.15 of 2022, under Sections 498-A, 323 & 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police StationCantt., District-Ayodhya, pending in the court of learned Additional Chief Judicial Magistrate, First, Ayodhya since 2020, expeditiously within stipulated period of time.

4. Learned counsel for the petitioner after arguing the matter at some length has requested that ends of justice would suffice if necessary directions for disposal of the aforesaid criminal case is issued to the learned court below, strictly in accordance with law, within the time stipulated.

5. Learned Additional Government Advocate has no objection to the aforesaid innocuous prayer of learned counsel for the petitioner.

6. Considering the aforesaid innocuous prayer of learned counsel for the petitioner, without entering into merits of the issue, I hereby dispose of finally this petition at the admission stage directing the learned trial court i.e. learned Additional Chief Judicial Magistrate, First, Ayodhya, to consider and decide the Criminal Case No.897 of 2020 (State vs. Ravindra Yadav) arising out of the Charge-sheet No.226 of 2020 dated

20.06.2020 in pursuance of Case Crime / F.I.R. No.15 of 2022, under Sections 498-A, 323 & 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Cantt., District-Ayodhya, pending before her/ him since 2020, expeditiously strictly in accordance with law, by affording an opportunity to the parties concerned and by fixing short dates and without giving any unnecessary adjournments to any of the parties.

[Rajesh Singh Chauhan,J.]

Order Date :- 8.1.2024 Suresh/

Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench