Santosh Kumar Saroj v. State of U.P. Thru. Its Prin. Secy. Home, Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 483 No. - 791 of 2023 Applicant :- Santosh Kumar Saroj Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Anand Kumar Srivastava,Lovekush Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record. By means of this application under Section 483 Cr.P.C., the applicant has sought the following main relief:- "Wherefore, it is, most respectfully prayed that this Hon'ble Court may kindly be pleased t direct the learned Additional District Judge/F.T.C. Court No. 1 Pratapgarh to dispose of the application dated 03.10.2023 Paper No. 17 Kha pending before him as early as possible or as per direction of this Hon'ble Court within stipulated period in the interest of justice (Annexure No. 2) and stay the lower court further proceeding till this case decision." At the outset, learned AGA says that the application in issue in relation to which the present application for expeditious disposal has been filed under Section 483 Cr.P.C. is not maintainable for the relief sought on behalf of the accused/applicant. In this regard, he placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Vinubhai Haribhai Malaviya v. State of Gujarat, (2019) 17 SCC 1. Be that as it may, the application is pending. It is therefore expected from the trial court concerned that the same would be considered and appropriate orders would be passed thereon in accordance with law. The instant application under Section 483 Cr.P.C. is disposed of in above terms. Order Date :- 7.12.2023/Arun/- High Court of Judicature at Allahabad, Lucknow Bench