Gyanendra Nath Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Court No. - 14 Case :- APPLICATION U/S 483 No. - 897 of 2024 Applicant :- Gyanendra Nath Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ravi Shanker Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.

¶1Heard Sri Ravi Shanker Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶2In view of the order, which is proposed to be passed today, notices to opposite parties No.2 to 4 are hereby dispensed with.

¶3The only innocuous prayer made in the present application filed under Section 483 Cr.P.C. is that the learned trial court/ Additional Chief Judicial Magistrate, Court No.20, Sultanpur be directed to decide the Complaint Case No.811 of 2016 titled Gyanendra Nath Mishra vs. Abhishek Mishra and others, under Section 138 N.I. Act, Police Station Amethi, District Amethi, expeditiously and preferably within a time bound manner.

¶4Learned counsel for the applicant has submitted that the trial is not being completed because adjournments have been granted frequently. Therefore, he has prayed to issue a direction to dispose of the aforesaid case in a time bound manner.

¶5Learned A.G.A., on the other hand, has opposed the aforesaid prayer and has placed reliance upon the judgment rendered by Hon'ble Apex Court in the case of High Court Bar Association, Allahabad vs. State of U.P. and ors : 2024 1 UPLBEC 545.

¶6Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the entire record, it appears that no substantial progress has been made so far to conclude the aforesaid criminal case.

¶7Therefore, to secure ends of justice, the present application is finally disposed of with the direction to the concerned trial court to dispose of the aforesaid case expeditiously keeping in view the provisions contained in Sections 143(2) and 143(3) of N.I. Act, without granting any unnecessary adjournment to the parties, in accordance with law if there is no other legal impediment. (Ajai Kumar Srivastava-I, J.) Order Date :- 18.12.2024 cks/- High Court of Judicature at Allahabad, Lucknow Bench