Sarnam Singh v. State of U.P. and 3 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 43543 of 2023 Applicant :- Sarnam Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

¶2The present application u/s 482 Cr.P.C. has been filed by the applicant to direct the Judicial Magistrate/Sub-Divisional Magistrate, Etawah to decide the case no. 6 of 2005-06, State Vs. Barelal and others, under section 198(A)(2) of U.P. Zamidari Abolition and Land Reforms Act., expeditiously preferably within stipulated period.

¶3Learned counsel for the applicant has submitted that applicant is the first informant in the instant case. He has further submitted that despite lapse of about thirteen years, the case has not yet been decided and is progressing at snail pace, as such a direction be given to the court below to decide the case within a stipulated period.

¶4Per contra, learned AGA has opposed the aforesaid prayer made by the learned counsel for the applicant.

¶5Having considered the rival submissions made by the parties and taking into consideration the law laid down by the Hon'ble Apex Court stating therein that there must be cogent and compelling reasons to expedite the proceedings, which might upset the calendar and schedule of the court below and might result in assigning an unwarranted priority to that particular case over and above other cases pending in that Court. Progression of such other cases might suffer for no reason and none of the faults of the litigants involved therein. Such petition for expediting the proceeding and concluding the trial within stipulated period is to be considered from all angles.

¶6In the instant case, the applicant is the first informant in the present case and the court below is proceeding with the case, as such, there is absolutely no necessity to direct the court below to decide the aforesaid case filed by the applicant, expeditiously within a stipulated period, in exercise of inherent power under Section 482 CrPC.

¶7In view of the above, the present application u/s 482 Cr.P.C. is devoid of merit and is accordingly, dismissed. Order Date :- 29.11.2023 R High Court of Judicature at Allahabad