Dharmendra Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 2 Others

Court No. - 12 Case :- APPLICATION U/S 483 No. - 769 of 2023 Applicant :- Dharmendra Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Applicant :- Onkar Nath Tiwari,Richa Tiwari 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 Chief Judicial Magistrate-I, Faizabad/Ayodhya to expedite the disposal of the Complaint Case No. 287 of 2018 (Avnendra Pal Singh & Anr. Vs. Dr. Shama Khalil Ahmad), P.S. Kotwali Nagar, District Faizabad/Ayodhya 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 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 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 Complaint Case No. 287 of 2018 (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