Pintu Singh v. State of U.P. and 2 Others

Court No. - 92 Case :- APPLICATION U/S 482 No. - 44932 of 2023 Applicant :- Pintu Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arvind Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Arvind Kumar Srivastava, learned counsel for the applicant and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

¶2The instant application under Section 482 Cr.P.C. has been filed seeking a direction for expeditious disposal of an N.C.R. No. 0024 of 2021, dated 22.04.2021 u/S 171-F, 188 I.P.C., P.S.- Dubahar, District-Ballia, pending in the court of learned Judicial Magistrate-Ist, Ballia.

¶3Learned counsel for the applicant submits that the applicant herein, when applied for the issuance of Character Certificate, the report was called from the concerned Police Station. It was reported that an N.C.R.No. 0024 of 2021 u/S 171-F, 188 I.P.C., has been registered against the applicant, in the year 2021, when the applicant has contested the election for Village Pradhan, with regard to some posters etc., pasted for canvassing of his election. Due to such N.C.R., the applicant herein is not able to get Character Certificate, thereafter, having come to know about the said N.C.R., the applicant has moved an application u/s 155(2) Cr.P.C., before judicial Magistrate-Ist, Ballia, on which vide order dated 13.10.2023, the concerned Judicial Magistrate, Ballia, has directed the investigation to be conducted in the said N.C.R. and report the file. However, learned Judicial Magistrate has not fixed any time limit for the same, due to which the applicant herein is suffering adversely due to the pendency of the said N.C.R. and non-investigation by the concerned Police. Therefore, learned counsel for applicant has prayed for a direction for expeditious disposal of the said case.

¶4In the peculiar facts and circumstances of the case, it is directed that the concerned Investigation Officer shall conclude the investigation in the instant case within 10 days from the date of production of certified copy of this order and submit a report to the concerned Judicial Magistrate. On such report submitted by the concerned investigation Agency, the Judicial Magistrate, Ballia, shall act in accordance with law.

¶5With the aforesaid directions, the instant application is disposed of. Order Date :- 15.12.2023 Shubham Arya High Court of Judicature at Allahabad