Ashutosh Tiwari v. Addl. Chief Judicial Magistrate, Court Room No. 19, Sultanpur and Another

Court No. - 16 Case :- MATTERS UNDER ARTICLE 227 No. - 4483 of 2024 Petitioner :- Ashutosh Tiwari Respondent :- Addl. Chief Judicial Magistrate, Court Room No. 19, Sultanpur And Another Counsel for Petitioner :- Abhishek Mishra,Aishwarya Pandey Hon'ble Shamim Ahmed,J. Heard Sri Abhishek Mishra, learned counsel for the petitioner as well as Sri Rajiv Kumar Verma, 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 Chief Judicial Magistrate, Court Room No.19, Sultanpur to decide the proceedings of Criminal Case No.5458 of 2024, under Section 138 of Negotiable Instrument Act, Police Station Dostpur, District Sultanpur within stipulated time. Learned counsel for the petitioner submits that a positive direction be given to the learned Additional Chief Judicial Magistrate, Court Room No.19, Sultanpur to decide the aforesaid case 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 Chief Judicial Magistrate, Court Room No.19, Sultanpur to decide the case of the petitioner, as merely keeping pending the same by the learned Additional Chief Judicial Magistrate, Court Room No.19, Sultanpur does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the learned Additional Chief Judicial Magistrate, Court Room No.19, Sultanpur is directed to decide the aforesaid 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