Mehi Lal v. State of U.P. Thru. Prin. Secy (Home) Lko. and 3 Others

Court No. - 16 Case :- MATTERS UNDER ARTICLE 227 No. - 4480 of 2024 Petitioner :- Mehi Lal Respondent :- State Of U.P. Thru. Prin. Secy (Home) Lko. And 3 Others Counsel for Petitioner :- Abdul Alim Khan Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Abdul Alim Khan, learned counsel for the petitioner as well as Sri Hari Shanker Bajpai, learned A.G.A.-I for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the learned Additional Sessions Judge, (Court No.9), Gonda to decide the application under Section 319 Cr.P.C. in Sessions Trial No.1072/2022, Case Crime No.136 of 2020, under Section 302 I.P.C., Police Station Katra Bazar, District Gonda expeditiously. Learned counsel for the petitioner submits that a positive direction be given to the learned Additional Sessions Judge, (Court No.9), Gonda to decide the aforesaid application filed under Section 319 Cr.P.C. within a stipulated period. Learned A.G.A.-I has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the learned Additional Sessions Judge, (Court No.9), Gonda to decide the application filed under Section 319 Cr.P.C. of the petitioner, as merely keeping pending the same by the learned Additional Sessions Judge, (Court No.9), Gonda does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the learned Additional Sessions Judge, (Court No.9), Gonda is directed to decide the aforesaid application filed by the petitioner under Section 319 Cr.P.C. in the above mentioned case expeditiously i.e. within six months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation, the petition is disposed of finally. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this petition and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 19.9.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench