Shivkumar v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39439 of 2023 Applicant :- Shivkumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Krishna Roy,Kamal Krishna Roy Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Criminal Complaint Case No.4305 of 2023 (Shiv Kumar Vs. Rambelas), under Sections-138 N.I.Act, Police Station-Siddharthnagar, District-Siddharthnagar, pending before the learned Chief Judicial Magistrate, District Siddharthnagar

¶3Learned counsel for the applicant submitted that the informant lodged the complaint under Section 138 N.I. Act. It is next submitted that the provision provided under the Code that proceedings must be decided within six months.

¶4Considering the fact that the trial has remained pending since 2021. 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 six months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 27.10.2023 SFH High Court of Judicature at Allahabad