Brijesh Kumar Diwidi v. State of U.P. Thru. Prin.Secy. Home and Another

Court No. - 11 Case :- APPLICATION U/S 483 No. - 794 of 2023 Applicant :- Brijesh Kumar Diwidi Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Applicant :- Vaibhav Gupta,Sandeep Kanoujia Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent is hereby dispensed with. By means of this application, the applicant has sought expeditious disposal of Case No. 8157 of 2021 (State of U.P. Vs. Dinesh Kumar Pandey) pending before learned Judicial Magistrate III, Lucknow. The present application under Section 483 Cr.P.C. has been filed for expeditious disposal of Case No. 8157 of 2021 (State of U.P. Vs. Dinesh Kumar Pandey), which is pending since 2021, as such, the applicant has approached this Court seeking a direction to decide the suit, in issue, at an early stage of proceedings. As such, the present application for the main relief sought, at this stage, is not maintainable. In this regard, reference can be made to the judgments passed by the Division Bench of this Court in the cases of Km. Shobha Bose v. Judge Small Causes & Ors., 2011 (88) ALR 850 and Ali Shad Usmani & Ors. v. Ali Isteba & Ors. 2015 (109) ALR

¶513After considering the case of the applicant in the light of the parameters laid down by this Court in the cases of Km. Shobha Bose (Supra) and Ali Shad Usmani (supra), this Court is of the view that no direction, at this stage, can be issued to the Court concerned to decide the above mentioned suit within the certain time frame. In view of above, the main relief, as prayed for in this application, cannot be granted at this stage. As such, the present application is disposed of with liberty to the applicant to move an appropriate application for expediting the proceedings of the pending case before the Court concerned and in case, such an application is moved, then the Court concerned shall pass appropriate orders on the same within reasonable time in accordance with law. It is made clear that the Court has not examined the case of either party on merits and the Court concerned shall be free to decide the matter strictly in accordance with law. Order Date :- 6.12.2023/Mohit Singh High Court of Judicature at Allahabad, Lucknow Bench