Disposed

Dharampal v. State of U.P. and 3 Others

Allahabad HC5 Sept 2024A482/29691/2024

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. was filed to address the inordinate delay of ten years in deciding a Protest Petition lodged against a police Final Report. The Court directed the Chief Judicial Magistrate, Shamli, to submit a report explaining the delay and listed the matter.

What did the court decide?

Direction to the Chief Judicial Magistrate, Shamli to submit a report explaining the delay in disposing of the Protest Petition.

Dharampal vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 29691 of 2024

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Applicant :- Dharampal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Manjive Shukla,J.

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Heard learned counsel appearing for the applicant and the learned Additional Government Advocate for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicant/informant for decision over his Protest Petition which was filed way back on 10.10.2014 in the Court of Chief Judicial Magistrate, Muzaffar Nagar.

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Learned counsel appearing for the applicant submits that the applicant lodged an FIR under Section 364 IPC in Police Station Kairana, District Muzaffar Nagar and the police, without proper investigation, submitted the final report before the Chief Judicial Magistrate, Muzaffar Nagar on 05.04.2014. He further submits that the applicant being informant was issued notice and thereafter he filed the Protest Petition on 10.10.2014. It has also been brought to the notice of this Court that later on new district Shamli has been carved out and the case is pending before the Chief Judicial Magistrate, Shamli.

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Learned counsel appearing for the applicant has argued that since 10.10.2014, only dates are being fixed by the Court of Chief Judicial Magistrate, Shamli and till date neither the Protest Petition has been decided nor the trial in the matter has commenced.

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I have gone through the order-sheet annexed by the applicant

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with this application and I find that since the order dated 10.10.2014, only dates are being fixed by the Chief Judicial Magistrate and neither any hearing has been taken place nor till date the Protest Petition has been decided. Keeping the Protest Petition pending for ten years is not at all appropriate.

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In the aforesaid circumstances, I hereby direct the Chief Judicial Magistrate, Shamli to submit a proper report before this Court explaining therein as to under what circumstances till date the Protest Petition filed by the applicant has not been disposed of.

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List this matter on 27th September, 2024 as fresh.

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Registrar (Compliance) is directed to communicate this order to the Chief Judicial Magistrate, Shamli.

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Order Date :- 5.9.2024 NSC

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Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad

Dharampal v. State of U.P. and 3 Others

Case brief

What is this about?

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Dharampal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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