Pankaj Khandelwal v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 483 No. - 753 of 2023 Applicant :- Pankaj Khandelwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Shiv Prakash Mishra,Amitabh Kumar Tripathi,Ashish Kumar 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 Additional Civil Judge (Junior Division/Judicial Magistrate), Room No. 26, Pratapgarh to expedite the disposal of the Complaint Case No. 1111 of 2019 (Pankaj Khandelwal Vs. Awdhesh Kumar Kasaudhan) under Section 138 N.I. Act within a stipulated period.

¶3Learned counsel for the applicant submits that the case is pending since 2019 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 2019, 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 Complaint Case No. 1111 of 2019 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 :- 21.11.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench