Kapil Verma Vs State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Kapil Verma Vs State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to the court concerned to decide Criminal Revision No. 217/2024 (Sachin @ Raja Mishra and Anr. vs. State of U.P. and Ors.) in accordance with law within three months from production/receipt of certified copy of this order, without granting unnecessary adjournment to either party, in view of both parties' undertaking not to seek adjournments.

Issue for consideration

Whether, in lieu of adjudicating the prayer to quash the Sessions Judge's order dated 15.10.2024, the High Court should direct the court concerned to decide Criminal Revision No. 217/2024 (Sachin @ Raja Mishra and Anr. vs. State of U.P. and Ors.) within a stipulated time fixed by it.

Ratio / Principle

In view of the respondents having no objection and desiring early finality, the present application is disposed of with a direction to the court concerned to decide Revision No. 217/2024 (Sachin @ Raja Mishra and Anr. vs. State of U.P. and Ors.) in accordance with law.

Key takeaways

The revision is to be decided within a period of three months from the date of production/receipt of certified copy of this order, without granting unnecessary adjournment to either of the parties.ratio¶10
The time-bound direction conditions on the undertaking given by both parties before the Court that they will not seek adjournment in the matter.ratio¶10
Learned AGA and Sri Pawan Kumar Pandey, learned counsel for respondent nos. 4 & 5, had no objection to the applicant's modified prayer.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Manish Kumar, J.; Order Date 21.3.2025; Neutral Citation 2025:AHC-LKO:16498) - Application U/S 482 No. 9600 of 2024 filed by Kapil Verma under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023, initially praying quashing of the order dated 15.10.2024 passed by Sessions Judge, Hardoi in Criminal Revision No. 217/2024 (Sachin @ Raja Mishra and Other vs. State of U.P. and Other), contained as Annexure no. 1 to the petition. After argument, counsel for the applicant instead sought a direction that the court concerned decide the revision within a stipulated time; Learned AGA and Sri Pawan Kumar Pandey (counsel for respondent nos. 4 & 5) raised no objection, and the private respondents indicated participation and a desire for early finality, both sides undertaking not to seek adjournments. Court disposed of the application, directing decision of Revision No. 217/2024 in accordance with law within three months from production/receipt of certified copy of the order, without granting unnecessary adjournment to either party.

Neutral Citation No. - 2025:AHC-LKO:16498

Court No. - 14

Case :- APPLICATION U/S 482 No. - 9600 of 2024

Applicant :- Kapil Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Pankaj Gupta,Narendra Gupta Counsel for Opposite Party :- G.A.,Pawan Kumar Pandey

Hon'ble Manish Kumar,J.

The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been preferred with the following main relief:-

"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 15.10.2024 passed by Sessions Judge, Hardoi in Criminal Revision No. 217/2024 (Sachin @ Raja Mishra and Other vs. State of U.P. and Other), contained as Annexure no. 1 to the petition"

Learned counsel for the applicant, after arguing at some length, has submitted that a direction may be issued to the court concerned to decide the revision No. 217/2024 (Sachin @ Raja Mishra and Anr. vs. State of U.P. and Ors.) within a stipulated time, as this Court may fix.

Learned AGA and Sri Pawan Kumar Pandey, learned counsel for the respondent nos. 4 & 5 have no objection to the prayer made by learned counsel for the applicant rather learned counsel for the private respondents has submitted that the respondents are participating in the proceedings and they also want that the matter may be decided finally as early as possible.

In view of above, the present application is disposed of with a direction to the court concerned to decide the revision No. 217/2024 (Sachin @ Raja Mishra and Anr. vs. State of U.P. and Ors.), in accordance with law, within a period of three months from the date of production/receipt of certified copy of this order, without granting any unnecessary adjournment to either of the parties as both the parties have given an undertaking before this Court that they will not seek adjournment in the matter.

Order Date :- 21.3.2025 Nitesh

Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench