This Court dismissed an application under Section 482 CrPC seeking expedited disposal of a recently filed protest petition. The Court held that no ground for such directions was made out since the petition was filed only recently.
The application seeking directions for expeditious disposal is dismissed.
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Neutral Citation No. - 2024:AHC:191445
Court No. - 81
Case :- APPLICATION U/S 482 No. - 35538 of 2024
Applicant :- Smt Durgavati Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sonakshi Arora,Yash Raj Verma Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Applicant has approached this Court through this application under Section 482 Code of Criminal Procedure for issuance of directions to the Additional Chief Judicial Magistrate, Maharajganj to expedite and conclude the proceedings of protest petition in Case Crime No. 324 of 2023, under Section 376, 323, 506, 511 I.P.C., Police Station Sinduriya, District Maharajganj, in a stipulated period.
Learned counsel for applicant submits that on 5.6.2024 the protest petition was filed by the applicant, but the same is still pending for adjudication. He prays that it would be in the interest of justice, if, the pending proceedings are directed to be expedited and concluded in near future.
Since, the protest petition has been filed recently i.e. on 5.6.2024, therefore, no ground is made out for issuing the directions for expeditious disposal of the pending proceedings, in view of the decision of Hon'ble Supreme Court in S haikh Uzma Feroz Hussain Vs. The State of Maharashtra, MANU/ SCOR/ 145020/ 2023.
The application fails and is hereby dismissed.
Order Date :- 6.12.2024 P.S.Parihar
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether directions for expeditious disposal of a recently filed protest petition are in the interest of justice.
Whether Section 482 CrPC applies to direct the Additional Chief Judicial Magistrate to conclude proceedings in a stipulated period.
Colour shows how this judgement treated each authority
Uzma Feroz Hussain Vs. The State of MaharashtraDistinguished¶8
S haikh Uzma Feroz Hussain Vs. The State of Maharashtra, MANU/ SCOR/ 145020/ 2023
1 provisions across 1 enactments
Smt Durgavati Devi
Manoj Bajaj
As recorded by the court registry
2 orders share this CNR
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