Lavkush Gupta and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. and 2 Others

Court No. - 12 Case :- APPLICATION U/S 483 No. - 556 of 2023 Applicant :- Lavkush Gupta And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And 2 Others Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

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

¶2This application has been filed for directing Additional Chief Judicial Magistrate, Sultanpur to expedite the disposal of the Case No. 2444 of 2016 (State Vs. Lavkush Gupta) arising out of Case Crime No. 49 of 2015, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Sultanpur within a stipulated period.

¶3Learned counsel for the applicants submits that the case is pending since 2016 and only adjournments are being given in the matter. Learned counsel for the applicants also submits 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 applicants is that since the matter is pending before the court below since 2016, 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. 2444 of 2016 (State Vs. Lavkush Gupta) 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 :- 6.11.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench