Krishna Gopal v. State of U.P. and Another

Court No. - 85 Case :- APPLICATION U/S 483 No. - 1392 of 2023 Applicant :- Krishna Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.,Bharat Singh Hon'ble Mayank Kumar Jain,J.

¶1Heard learned counsel for the parties and learned A.G.A. for the State.

¶2Learned counsel for the applicant is permitted to correct the prayer wherein Section 156(3) Cr.P.C. is mentioned.

¶3Learned counsel for the applicant submitted that respondent no. 2 has been summoned to face trial under Section 420 IPC on the basis of summoning order dated 03.08.2023. Against this order, the respondent no. 2 has preferred a Revision No. 293 of 2021 before the Learned District Judge, Moradabad which is pending consideration. Learned counsel for the applicant submitted that no order for stay of proceedings of the complaint is passed in the revision pending before the District Judge, Moradabad, therefore, the trial court is at liberty to proceed with the trial.

¶4No useful purpose would be served in keeping the application pending, which is finally disposed of with a direction to learned A.C.J.M., District Moradabad to consider and decide the aforesaid case expeditiously, in accordance with law, from the date of presentation of certified copy of this order, provided there is no other legal impediment. Order Date :- 2.12.2023 Vipasha High Court of Judicature at Allahabad