Banarasi Das v. State of U.P. Thru. Secy. Home Deptt. U.P. Govt., Lucknow and Another

Court No. - 28 Case :- APPLICATION U/S 483 No. - 728 of 2023 Applicant :- Banarasi Das Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt., Lucknow And Another Counsel for Applicant :- Punit Kumar Shukla,Priyanka Singh,Vaishnavi Gupta Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1At the very outset, learned counsel for applicant submits that he may be permitted to delete the opposite party no.2 from the array of opposite parties.

¶2Learned counsel for the State has no objection to the contentions aforesaid.

¶3In view of the aforesaid, learned counsel for the applicant is permitted to delete the opposite party no.2 from the array of opposite parties during the course of the day.

¶4Heard Ms. Prinyanka Singh, learned counsel for the applicant, Mr. Brijesh Dwivedi, learned AGA for the State and persued the record.

¶5Instant application has been filed to direct Chief Judicial Magistrate, Sitapur, to decide amendment application filed by the applicant for correction of his father's name in the chargesheet in Criminal Case no.4411 of 2021 in Crime no.93 of 2021 under Sections 419/420/467/468/506 I.P.C. Police Station Hargaon, District Sitapur.

¶6Learned counsel for the applicant submits that an application for correction/amendment was moved on 24.04.2022 before the trial Court concerned which is pending even after passing of one and a half year. She further added that the interest of justice would be served if the court may please to direct to decide the same within the stipulated period as may be fixed by this Court.

¶7Learned counsel appearing for the State has no objection to the contention aforesaid.

¶8In view of the aforesaid submissions, the trial Court is hereby directed to decide the application dated 24.04.2022 within a period of four weeks' from the date a certified copy of this order is moved for the same, if there is no legal impediment.

¶9Instant application is disposed of accordingly. Order Date :- 9.11.2023 -Amit K-High Court of Judicature at Allahabad, Lucknow Bench