Himanshu Tiwari Vs State of U.P. Thru. Secy. Home Deptt. Lucknow and 2 Others

Neutral Citation No. - 2024:AHC-LKO:15332

Court No. - 16

Case :- MATTERS UNDER ARTICLE 227 No. - 833 of 2024 Petitioner :- Himanshu Tiwari Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lucknow And 2 Others

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Counsel for Petitioner :- Rishi Dwivedi,Jitendra Vikram Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Rishi Dwivedi, learned counsel for the petitioner as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.

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This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the opposite party no.2 / Additional District and Sessions Judge XV (15), Lucknow to decide the said Criminal Appeal No.115 of 2023, under Section 341 Cr.P.C. pending before it, expeditiously..

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Learned counsel for the petitioner submits that a positive direction be given to the trial court to decide the aforesaid case within a stipulated period.

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Learned A.G.A.-I has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the trial court to decide the case of the petitioner, as merely keeping pending the same by the trial court does not suffice any purpose of the litigation.

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In view of the statements made by the learned counsel for the parties, the trial court is directed to decide the aforesaid case expeditiously i.e. within six months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.

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With the aforesaid observation, the petition is disposed of finally.

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Order Date :- 21.2.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Himanshu Tiwari v. State of U.P. Thru. Secy. Home Deptt. Lucknow and 2 Others

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Himanshu Tiwari v. State of U.P. Thru. Secy. Home Deptt. Lucknow and 2 Others

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