Subhash and Another v. State of U.P. and 2 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 43252 of 2023 Applicant :- Subhash And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Udayveer Singh,Virendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2This application under Section 482 Cr.P.C. has been filed by the applicants to quash the order dated 23.05.2022 passed by the Sub Divisional Magistrate, Bansi, Siddharth Nagar in Case No. 2845 of 2022 (Computerized Case No. T202217630202845) (Ram Ujagir and Another Vs. Subhash and Another), under Section 145 Cr.P.C., Police Station-Khesaraha, District-Siddharth Nagar.

¶3Counsel for the applicants submits that the Sub Divisional Magistrate vide his order dated 23.05.2022 has passed an order of status quo in proceedings under Section 145 Cr.P.C. He next submits that order dated 23.05.2022 is an ex-parte order and passed without hearing the applicants. He next submits that applicants have also filed objection on 23.05.2022 and more than one and half year have been passed but proceedings under Section 145 Cr.P.C. have not been decided.

¶4Per contra, learned A.G.A. opposed the submissions raised by counsel for the applicants.

¶5Considered the submissions raised by counsel for the applicants and perused the entire record.

¶6Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below i.e. learned Sub Divisional Magistrate, Bansi to decide the proceedings under Section 145 Cr.P.C. in accordance with law after giving proper opportunity of hearing to both the parties, as expeditiously as possible, preferably within a period of four months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 11.12.2023 Aditya High Court of Judicature at Allahabad