Hakeekullah v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Court No. - 12 Case :- APPLICATION U/S 483 No. - 776 of 2023 Applicant :- Hakeekullah Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others Counsel for Applicant :- Amrendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

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

¶2Present application has been moved by the applicant to direct the Chief Judicial Magistrate, Gonda to decide the application under Section 156 (3) Cr.P.C. bearing no.1383 of 2023 pending before him.

¶3Learned counsel for the applicant submitted that earlier, the petition under Section 483 Cr.P.C. No.328 of 2023 was filed which was disposed of on 30.05.2023 with the direction to the trial court to pass necessary order expeditiously without granting any unnecessary adjournment to either of the parties.

¶4Learned counsel for the applicant submitted that till today, application u/s 156(3) Cr.P.C. has not been decided by the trial court, therefore, a direction may be issued for passing an appropriate order on the said application.

¶5Learned A.G.A. has no objection on the aforesaid prayer of the applicant.

¶6Considering the submissions of learned counsel for the parties, going through the contents of application, as well as other relevant documents, as the direction was issued to the trial court on 30.05.2023 for deciding the application of applicant which was served on 26.06.2023 but the application under Section 156(3) Cr.P.C. of applicant has still not be decided.

¶7Accordingly, the application is disposed of with a direction to the Chief Judicial Magistrate, Gonda to decide the application under Section 156 (3) Cr.P.C. of applicant, if pending, within a period of one month from the date of production of certified copy of this order in accordance with law. Order Date :- 29.11.2023/V. Sinha High Court of Judicature at Allahabad, Lucknow Bench