Shalendra Kumar Srivastava and Another v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 483 No. - 768 of 2023 Applicant :- Shalendra Kumar Srivastava And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And Another Counsel for Applicant :- Shashank Shukla,Prachi Shukla 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 Chief Judicial Magistrate, Gonda to expedite the disposal of the Case No. 2927 of 2011 arising out of Case Crime No. 386 of 2011, under Sections 323, 452, 504, 506 I.P.C., P.S. Kotwali Nagar, District Gonda within a stipulated period.

¶3Learned counsel for the applicants submits that the case is pending since 2011 and only adjournments are being given in the matter. Learned counsel for the applicants 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 applicants is that since the matter is pending before the court below since 2011, 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. 2927 of 2011 (supra) expeditiously without giving any unnecessary adjournments to either of the parties, strictly in accordance with law .

¶6With the aforesaid observation/direction, this application is finally disposed of. Order Date :- 28.11.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench