Disposed

Dilshad v. Devendra Singh and Another

Allahabad HC19 Jul 2024A227/3055/2024

Case brief

AI extract

What is this about?

The High Court exercised supervision under Article 227. It rejected the prayer to club two criminal proceedings. However, it directed the subordinate court to decide the petitioner's pending application within six weeks expeditiously without determining merits.

What did the court decide?

Directed the subordinate court to decide the pending application dated 22.11.2023 within six weeks of the certified copy of this order.

Dilshad vs Devendra Singh and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:115478

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 3055 of 2024

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Petitioner :- Dilshad Respondent :- Devendra Singh And Another Counsel for Petitioner :- Gagan Pratap Singh

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Sri Nipendra Pratap Singh, Advocate holding brief of Sri Ganga Pratap Singh, learned counsel for the petitioner, learned AGA for the State and perused the record.

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The present petition under Article 227 of the Constitution of India has been filed with the following prayers:

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(i) Issue an order or direction to learned court of Additional Chief Judicial Magistrate, Court No. 43, Agra and Judicial Magistrate, Court No. 4, Agra to club the proceeding of Case No. 4213 of 2015 (State vs. Dilshad) arising out of Case Crime No. 108 of 2015 under Sections 323, 325, 504, 506 IPC, Police Station Achhnera, District Agra and Misc. Case No. 62 of 2016 (Dilshad vs. Devendra and others) arising out of N.C.R. No. 21 of 2015 under Sections 323, 504 IPC, Police Station Achhnera, District Agra and fixed same dates in both the aforesaid cases.

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(ii) Issue an order or direction to learned court of Additional Chief Judicial magistrate, Court No. 43, Agra and Judicial Magistrate, Court No. 4, Agra to decide the application of the petitioner dated 22.11.2023 within stipulated period as this Hon'ble Court may deem fit and proper in the interest of justice.

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The prayer no. 1 is declined.

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As far as prayer no. 2 is concerned, it has been submitted by learned counsel for the petitioner that the application is pending consideration before the court concerned.

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Considering the facts and circumstances of the case and in the interest of justice, this petition is disposed of with a direction to the court concerned to take appropriate decision strictly in accordance with law and decide the application of the petitioner dated 22.11.2023as expeditiously as possible, preferably within a period of six weeks from the date of

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production of certified copy of this order.

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It is made clear that this Court has not entered into the merits of the case and thus it is for the court concerned to take a decision independently in accordance with law.

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With the aforesaid direction, the writ petition is finally disposed of.

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Order Date :- 19.7.2024 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Dilshad v. Devendra Singh and Another

Case brief

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Dilshad v. Devendra Singh and Another

Case brief

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