Sandeep Shahi v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38247 of 2023 Applicant :- Sandeep Shahi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gulab Shankar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Case No.3560 of 2022 (State Vs. Smt.Neha Dubey and another), under Section 145 Cr.P.C., Police Station-Cantt, District-Gorakhgpur , pending before the City Magistrate, Gorakhpur.

¶3Learned counsel for the applicant submits that on report of Tehsildar dated 28.09.2022, which is a spot inspection report and police report regarding property dispute between the parties. Learned City Magistrate initiated proceeding under section 145(1) Cr.P.C. and after considering report, issued show cause notice to both the parties. Applicant approach this Hon'ble Court and challenged the notices issued to him by filing Application u/s 482 Cr.P.C.No.36518 of 2022. Hon'ble Court by order dated

19.11.2022 rejected Application u/s 482 Cr.P.C. of the applicant. Learned counsel for the applicant submits that despite objection has been filed before the City Magistrate, proceeding under section 145(1) Cr.P.C. is pending since 2020.

¶4Considering the fact that the proceeding has remained pending since 2020, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 16.10.2023 SKD High Court of Judicature at Allahabad