Ram Sunder (In Complaint Ram Sunder Nishad) v. State of U.P. Thru. Prin. Secy. (Home) Govt. U.P. Lucknow and Another

Court No. - 12 Case :- APPLICATION U/S 483 No. - 702 of 2023 Applicant :- Ram Sunder (In Complaint Ram Sunder Nishad) Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. U.P. Lucknow And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for applicant, learned A.G.A. and perused the record.

¶2This application has been filed for directing Judicial Magistrate, Court No. 30, Sultanpur Faizabad to decide the Case No. 40 of 2018 (Ram Sunder Vs. Ajay Singh) under Section 138 N.I. Act within a stipulated period.

¶3Learned counsel for the applicant submits that the case is pending since 2018 and only adjournments are being given in the matter. Learned counsel for the applicant has also submitted that it is obligatory on the part of the court below to conclude the proceedings and no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party. Submission of the learned counsel for the applicant is that since the matter is pending before the court below since 2018, the court below may be directed to expedite the proceeding of the aforesaid case.

¶4Learned A.G.A. has no objection to the prayer for expeditious disposal of the aforesaid case.

¶5In view of above, the court concerned is directed to decide Case No. 40 of 2018 (supra) expeditiously, after affording opportunity of hearing to all the parties, strictly in accordance with law.

¶6With the aforesaid observation/direction, this application is finally disposed of. Order Date :- 2.11.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench