Khalid Alias Mohd Khalid Ali vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Khalid Alias Mohd Khalid Ali vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2 (Sub Divisional Magistrate, Dhaulana, District Hapur) to decide Case No. T202311730609253/6/23, under Section 145 Cr.P.C., Police Station Dhaulana, District Hapur (Khalid Vs. Bala Devi), at an early date, if there is no legal impediment.

Issue for consideration

Whether a mandamus should be issued to the Sub Divisional Magistrate, Dhaulana, District Hapur to expeditiously decide the pending Case No. T202311730609253/6/23 under Section 145 Cr.P.C. (Police Station Dhaulana, District Hapur) (Khalid Vs. Bala Devi), pending since 2023.

Court's answer

The writ petition is disposed of with a direction upon respondent no.2 (Sub Divisional Magistrate, Dhaulana, District Hapur) to decide Case No. T202311730609253/6/23, under Section 145 Cr.P.C., Police Station Dhaulana, District Hapur (Khalid Vs. Bala Devi), at an early date, if there is no legal impediment.

Key takeaways

Issuance of notice on opposite party no.3 was considered unnecessary because the writ sought only expeditious disposal of the pending case.obiter¶11

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 28950 of 2025, High Court of Judicature at Allahabad (Avnish Saxena, J.), decided December 16, 2025: Petitioner, aggrieved by the non-disposal since 2023 of his application/case No. T202311730609253/6/23 under Section 145 Cr.P.C. (Police Station Dhaulana, District Hapur) (Khalid Vs. Bala Devi) pending before respondent no.2, the Sub Divisional Magistrate, Dhaulana, District Hapur, sought a mandamus for expeditious decision within a stipulated time fixed by the Hon'ble Court. Learned A.G.A. for the State undertook that the application would be disposed of at an early date. The Court held there was no point issuing notice on opposite party no.3 since the writ was for expeditious disposal, and disposed of the writ petition with a direction upon the Sub Divisional Magistrate, Dhaulana, District Hapur to decide the said case at an early date, if there is no legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 28950 of 2025

Khalid Alias Mohd Khalid Ali

.....Petitioner(s)

	Versus
State of U.P. and Another			.....Respo	ndent(s)
Counsel for Petitioner(s)	: Manish Mishra	Mishra,	Surendra	Prasad
Counsel for Respondent(s)	: G.A.
Court No.- 81

HON'BLE AVNISH SAXENA, J.

Sri Surendra Prasad Mishra, learned counsel for the petitioner and learned A.G.A. for the State are present.

Learned counsel for the petitioner submits that the petitioner is aggrieved by the non-disposal of application moved under Section 145 Cr.P.C., pending since 2023 before respondent no.2 (Sub Divisional Magistrate, Dhaulana, District Hapur). The first relief is reiterated underneath:-

(i) to issue a writ, order or direction in the nature of mandamus commanding and directing the Sub Divisional Magistrate Dhaulana, District Hapur to decide the Case No.T202311730609253/6/23, under Section 145 Cr.P.C., Police Station Dhaulana, District Hapur (Khalid Vs. Bala Devi), pending before him expeditiously as early as possible within stipulated time fixed by the Hon'ble Court."

Learned A.G.A. for the State submits that the application will be disposed of at an early date.

There is no point in issuance of notice on opposite party no.3 as the writ is for expeditious disposal of the case.

The writ petition is disposed of with the direction upon respondent no.2 (Sub Divisional Magistrate, Dhaulana, District Hapur) to decide the Case No.T202311730609253/6/23, under Section 145 Cr.P.C., Police

CRLP No. 28950 of 2025

2

Station Dhaulana, District Hapur (Khalid Vs. Bala Devi), at an early date, if there is no legal impediment.

(Avnish Saxena,J.)

December 16, 2025

Shivangi

Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad