Disposed¶10

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

Allahabad HC23 Apr 2025NA529/307/2025

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AI extract

What is this about?

Section 529 BNSS; expeditious disposal; section 216 Cr.P.C.; alteration of charge; protest petition; closure report; summoning order 7.3.2005; Complaint Case No.72 of 2004; Sections 323, 504, 506 IPC; sections 452 IPC; 3(1)10 SC/ST Act; Special Judge (SC/ST Act); Police Station Charkhari; District Mahoba; two-month timeline; judicial delay; Jagdeesh Vs. Shamim

What did the court decide?

Direction to the court concerned to decide the complainant's application dated 23.11.2022 under section 216 Cr.P.C. for alteration of the charge within two months from receipt of a certified copy of the order. ¶10

Jagdeesh Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:66737

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Court No. - 80

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Case :- APPLICATION U/S 529 BNSS No. - 307 of 2025

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Applicant :- Jagdeesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the application dated 23.11.2022 moved by the complainant (applicant) and expedite the proceedings of Complaint Case No.72 of 2004 (1300072 of 2004) (Jagdeesh Vs. Shamim & others) under Sections 323, 504, 506 IPC, Police Station Charkhari, District Mahoba pending in the Court of Judicial Magistrate, Charkhari, Mahoba, expeditiously within a stipulated period.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State.

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The applicant before this Court is the complainant of the case. It appears from the perusal of the record that earlier F.I.R. was lodged in this case which culminated into the closure report, against which protest petition was moved by the applicant, which was allowed and the protest petition was treated as a criminal complaint and in pursuance of that, on 7.3.2005, summoning order was passed. The accused persons appeared before the court. However, the applicant moved application before the court that offence under the SC/ST Act is also made out in this matter, hence sections 452 IPC and 3(1)10 SC/ST Act should also be added in this matter and the matter should be sent to Special Judge (SC/ST Act). The said application was moved on 23.11.2022, but surprisingly it is still pending for disposal.

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In the circumstances, the Court concerned is directed to make all endeavours to decide the application dated 23.11.2022 moved under section 216 Cr.P.C. by the complainant (applicant) for alteration of the charge within a period of two months from the date of receiving of certified copy of this order before it.

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With the above observations, the application stands disposed of.

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Order Date :- 24.4.2025 ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

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

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

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