Disposed

Smt Prema Devi v. State of U.P. 5 Others

Allahabad HC5 Aug 2024A482/14117/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant sought directions for expeditious disposal of a complaint case pending for 13 years. The High Court directed the trial court to decide the case within one year and dispensed with notice to a specific opposite party to avoid delay.

What did the court decide?

Direction to the Judicial Magistrate, Bansi, to dispose of the complaint case expeditiously within one year. Notice to opposite party No.2 dispensed with.

Smt Prema Devi vs State of U.P. 5 Others — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:125637

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(Sl.No.40)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 14117 of 2024

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Applicant :- Smt Prema Devi Opposite Party :- State Of U.P. 5 Others Counsel for Applicant :- Chandra Jeet Yeadav Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Chandra Jeet Yadav, learned counsel for the applicant and Sri Prem Prakash Tiwari, learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking direction for expeditious disposal of Complaint Case No.444 of 2011 (Smt.Prema Devi vs. Omkar and others) under Sections 498-A, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station-Trilokpur, District-Siddharth Nagar, pending in the court of Judicial Magistrate, Court No.2, Bansi, Siddharth Nagar.

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Learned counsel for the applicant submits that the instant case has been filed by the applicant in the year 2011 and the opposite parties were summoned vide order dated 7.1.2012 and till date, proceedings could not be concluded due to non-cooperation of opposite party No.2. Therefore, he has prayed for a direction for expeditious disposal of the aforesaid complaint case filed by the applicant, which is pending for the last 13 years.

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Learned AGA for the State do not oppose the prayer made by learned counsel for the applicant.

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In view of the order proposed to be passed, this Court does not feel it appropriate to issue notice to the opposite party No.2 and keep the matter pending here, which will further delay the trial of the aforesaid case.

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In view thereof, the Judicial Magistrate, Court No.2, Bansi, Siddharth Nagar is directed to consider and decide the aforesaid case filed by the applicant herein, expeditiously, preferably within a period of one year from the date of production of a certified copy

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of this order, if there is no other legal impediment.

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With the aforesaid directions, the instant application is disposed of.

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Order Date :- 5.8.2024 LN Tripathi

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(Anish Kumar Gupta,J.)

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Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad

Smt Prema Devi v. State of U.P. 5 Others

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Smt Prema Devi v. State of U.P. 5 Others

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