Disposed

Brijesh Kumar Dinkar v. State of Up and Another

Allahabad HC6 Nov 2024A482/23358/2024

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What is this about?

The Allahabad High Court disposed of an application under Section 482 Cr.P.C. directed the Principal Judge Family Court, Shahjahanpur to decide a pending miscellaneous case regarding Section 126(2) Cr.P.C. expeditiously within three months without unnecessary adjournments, noting the case had remained pending since 2023.

What did the court decide?

Direction to the Principal Judge Family Court, Shahjahanpur to decide the pending Misc. Case No. 416 of 2024 within three months without unnecessary adjournments.

Brijesh Kumar Dinkar vs State of Up and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:173944

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 23358 of 2024

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Applicant :- Brijesh Kumar Dinkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupam Kumar,Saurabh Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Suresh Kumar Sharma, Advocate holding brief of Sri Saurabh Tripathi, learned counsel for the applicant and Sri Puspraj Singh, brief holder for the State are present.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to issue a direction to Principal Judge Family Court, Shahjahanpur to decide the Misc. Case No. 416 of 2024, (Brijesh Kumar Vs. Smt. Seema Devi and another), arising out of Application Under Section 126(2) Cr.P.C. within stipulated period as well as to quash the order dated 09.05.2024 passed by Principal Judge Family Court, Shahjahanpur in Case No. 1000 of 2023, (Smt. Seema Devi Vs. Brijesh Kumar) under Section 128(2) of Cr.P.C.

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Learned counsel for the applicant does not want to press the prayer of quashing of order dated 09.05.2024, hence, the prayer for quashing the order dated 09.05.2024 is dismissed as not pressed.

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Considering the fact that the case has remained pending since 2023, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the Principal Judge Family Court, Shahjahanpur to decide the Misc. Case No. 416 of 2024 in accordance with law, as expeditiously, as preferably within a period of three months from the date of production of the certified copy of this order, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.

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With the aforesaid directions, the application stands disposed of finally.

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Order Date :- 6.11.2024 Ishan

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Brijesh Kumar Dinkar v. State of Up and Another

Case brief

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Brijesh Kumar Dinkar v. State of Up and Another

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