Gopal Singh @ Nandu and 2 Others v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 22010 of 2023 Applicant :- Gopal Singh @ Nandu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicants and the learned A.G.A.

¶2The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for the following prayer : "Hon'ble Court may graciously be pleased to allow this application and quash the impugned proceeding of the complain case dated 12.06.2008 as well as summoning order dated 03.06.2010 passed by learned Judicial Magistrate, Sonebhadra in complaint case no. 11851 of 2009; Virendra vs. Gopal and others under Section 498-A I.P.C. and 3/4 D.P. Act, P.S. Robertsganj, District Sonebhadra."

¶3After due deliberations at length, learned counsel for the applicants has prayed for issuing a direction for expeditious disposal of the application dated 03.01.2011under Section 210 Cr.P.C. pending in the court of Judicial Magistrate, Robertsganj, Sonebhadra.

¶4It is submitted by learned counsel for the applicants that instant matter is arising out of matrimonial discord. Having been aggrieved with the alleged behaviour of in-laws, father of the bride has initially moved a complaint being Complaint Case No. 1785 of 2009 (new complaint case no. 11851 of 2009), however, during pendency of the aforesaid complaint, respondent no. 2 (father of the bride) has lodged an F.I.R. being Case Crime No.1232 of 2009 dated 01.07.2009. To club the aforesaid both matters an application under Section 210 Cr.P.C. has been moved on behalf of the applicant no. 1, which is still pending consideration.

¶5Learned A.G.A. has no objection, if a direction is issued to the court concerned to decide the aforesaid application at the earliest.

¶6In this conspectus as above, no useful purpose would be served to keep this matter pending. Therefore, this court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case, as mentioned in the application, with a direction to the learned Judicial Magistrate, Robertsganj, Sonebhadra or any other transferee court to decide the aforesaid application dated 03.01.2011 under Section 210 Cr.P.C. strictly in accordance with law by means of a reasoned and speaking order, after affording opportunity of hearing to the parties concerned and without granting any unnecessary adjournments to either of the parties expeditiously, preferably, within a period of two months from the date of production of certified copy of this order.

¶7With the aforesaid direction, this petition is finally disposed off. Order Date :- 17.11.2023 VR High Court of Judicature at Allahabad