Alauddin Khan v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 40645 of 2023 Applicant :- Alauddin Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Pursuant to the order passed by this Court the comments received from the Presiding Officer dated 10.11.2023 is already on record. While going through the same it appears that various dates were fixed for final disposal but due to the application for adjournment filed by the applicant the matter could not be decided finally. It is further stated that the court below will decide the aforesaid matter expeditiously.

¶2It is settled law as has been held by the Hon'ble Apex Court that such kind of matter should be decided expeditiously.

¶3In this view of the matter, without entering into merits of the case and since proceedings are pending consideration before the court below being Complaint Case No.12672 of 2017 (Alauddin Khan Vs. Raja Ram), under Section 138 N.I. Act, P.S. Refinery, District Mathura, the court below before whom matter is pending consideration is directed to decide the same most expeditiously and positively within a period of three months from the next date fixed in the matter. It is made clear that the parties will not take any unnecessary adjournment.

¶4Counsel for the petitioner is permitted to file certified copy of the order passed today before the court below. Order Date :- 23.11.2023 Pramod Tripathi High Court of Judicature at Allahabad