Disposed

Akbari Begam v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Others

Allahabad HC8 Feb 2024/78/2024

Case brief

AI extract

What is this about?

Petition seeking a direction to the Sub-Divisional Magistrate, Balrampur Sadar to decide a Section 145 Cr.P.C. proceeding pending since 2020. The court disposed of the petition directing expeditious decision preferably within three months, after hearing both sides and without entering into merits.

What did the court decide?

Direction to SDM, Balrampur Sadar to decide the Section 145 Cr.P.C. case with expedition preferably within three months.

Akbari Begam Vs State of U.P. Thru. Addl. Chief… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:11711

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Court No. - 11

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Case :- APPLICATION U/S 483 No. - 78 of 2024

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Applicant :- Akbari Begam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Others Counsel for Applicant :- Madan Gopal Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri M.G. Tripathi, learned counsel for the petitioner and Sri Atrey Tripathi, learned Additional Government Advocate for the State.

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2. In view of the proposed order, the notices to opposite party Nos.3 to 9 are hereby dispensed with.

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3. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for the following relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the opposite party No.2 to hear and decide the case bearing Case No.RST/3470 of 2020, Computerized Case No.T202008100103470 (Smt. Akbari Bagum vs. Motilal & Rais and 6 others) under Section 145 Cr.P.C. pending since 29.02.2020 before the opposite party No.2 within stipulated time as this Hon'ble Court please to fix in this matter, in the interest of justice."

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4. Learned counsel for the petitioner has stated that the proceedings of Section 145 Cr.P.C. initiated by the aggrieved party should be considered and disposed of with expedition inasmuch as such proceedings are the summary in nature.

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5. Learned counsel for the petitioner has submitted that when anyone is put in grievance by the unlawful persons like contesting opposite parties by using unlawful force to drive out the person like petitioner from her home, then the degree of urgency to hear and decide the matter is escalated as in this matter it is required. The contesting opposite parties used to procrastinate the matter so that hearing is postponed by one or other reason. He has also submitted that to drive out hearing is evident from the order-sheet of the case under Section 145 Cr.P.C. pending before the opposite party No.2 i.e. the SubDivisional Magistrate, Balrampur Sadar, District-Balrampur and substantive hearing is the only way of resolving the matter and the effort for substantive hearing is the duty cast upon the

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authority concerned.

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6. Learned Additional Government Advocate has no objection if necessary direction for disposal of the proceedings pending under Section 145 Cr.P.C. before the opposite party No.2 is issued.

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7. Considering the aforesaid facts and circumstances, without entering into merits of the issue, the instant petition is being disposed of finally at the admission stage directing the opposite party No.2 i.e. Sub-Divisional Magistrate, Balrampur Sadar, District-Balrampur to hear and decide the Case No.RST/3470 of 2020, Computerized Case No.T-202008100103470 (Smt. Akbari Bagum vs. Motilal & Rais and 6 others) under Section 145 Cr.P.C. pending since 29.02.2020 with expedition preferably within a period of three months from the date of receipt of a certified copy of this order, strictly in accordance with law, by affording an ample opportunity of hearing to the parties concerned.

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8. In view of the above, the instant petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 8.2.2024 Suresh/

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

Akbari Begam v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Others

Case brief

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Akbari Begam v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Others

Case brief

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