Pankaj Kumar Modi and 2 Others vs State of U.P… — Writ and Judicial Review | Allahabad HC (2025)

Pankaj Kumar Modi and 2 Others vs State of U.P… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to move an appropriate application for expeditious disposal of Case No.1291 of 2024 by the date fixed (06.05.2025) or within one week thereafter; concerned court to consider the application and proceed accordingly.

Issue for consideration

Whether a direction should issue for expeditious disposal of Case No.1291 of 2024 under Section 145 Cr.P.C., pending before the City Magistrate, Gonda, given that the petitioner's goods may go waste in the ensuing rains.

Court's answer

Considering the nature of the order proposed to be passed, issuance of notice to opposite parties nos. 3 and 4 was dispensed with.

Ratio / Principle

The petition was disposed of without entering into the merit of the case (the challenge to the revision order was not adjudicated).

Key takeaways

Liberty was granted to the petitioner to move an appropriate application for expeditious disposal of the case by the date fixed in the matter (06.05.2025) or within a period of one week thereafter.ratio¶12
Such application shall be considered by the concerned court, which shall proceed accordingly.ratio¶12

Detailed headnote1 paragraphs

Matters Under Article 227 No. 2516 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 11), decided 2.5.2025 by Hon'ble Rajnish Kumar, J. The petition challenged the order dated 23.10.2024 passed by the Additional Sessions Judge/Special Judge POCSO Act, Gonda in Criminal Revision No. 383 of 2024 (Neeraj Kumar Modi and others v. Pankaj Kumar Modi and others), by which the matter had been remitted back to the trial court for deciding afresh, and sought inter alia a direction for early decision of Case No. 1291 of 2024 (Pankaj Kumar Modi and others v. Neeraj Kumar Modi and others) under Section 145 Cr.P.C. Learned counsel restricted the prayer to expeditious disposal of that case, pending before the City Magistrate, Gonda (next date 06.05.2025), as the petitioner's goods might go waste in the ensuing rains; the learned A.G.A. raised no objection. Without entering into the merits, notice to opposite parties nos. 3 and 4 was dispensed with and the petition was disposed of, with liberty to the petitioner to move an appropriate application for expeditious disposal by the fixed date or within one week thereafter, to be considered by the concerned court, which shall proceed accordingly.

Neutral Citation No. - 2025:AHC-LKO:25417

Court No. - 11

Case :- MATTERS UNDER ARTICLE 227 No. - 2516 of 2025

Petitioner :- Pankaj Kumar Modi And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others

Counsel for Petitioner :- Ved Prakash Sharma,Lav Upadhyay Counsel for Respondent :- G.A.

Hon'ble Rajnish Kumar,J.

Heard, Shri Ved Prakash Sharma, learned counsel for the petitioner and Shri S.P. Tiwari, learned A.G.A.

This petition has been filed challenging the order dated 23.10.2024 passed in Criminal Revision No.383 of 2024; Neeraj Kumar Modi and others Versus Pankaj Kumar Modi and others by the Additional Sessions Judge/Special Judge POCSO Act, Gonda with other prayers including for a direction to decide the Case No.1291 of 2024; Pankaj Kumar Modi and others Versus Neeraj Kumar Modi and others under Section 145 Cr.P.C. at an early date as by means of the aforesaid order passed in Criminal Revision the matter has been remitted back to the trial court for deciding afresh.

Learned counsel for the petitioner after arguing at some length restricted his prayer for a direction to decide the Case No.1291 of 2024 pending in the court of City Magistrate, Gonda on the ground that in the ensuing rains the goods of the petitioner may go waste in case the case is not decided at an early date and the next date is now fixed on 06.05.2025.

Learned A.G.A. has no objection to the request made by learned counsel for the petitioner.

In view of above and considering the nature of order proposed to be passed issuance of notice to opposite parties no.3 and 4 is dispensed with.

Without entering into the merit of the case the petition is disposed of with liberty to the petitioner to move appropriate application for expeditious disposal of the case, by the date fixed in the matter or within a period of one week thereafter, the same shall be considered by the concerned court and shall proceed accordingly.

. .. .................................... (Rajnish Kumar,J.) Order Date :- 2.5.2025 Banswar

Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench