Gayadeen Yadav v. The UP Ziladhikari, Kadipur, Tehsil-Kadipur Distt. Sultanpur and Another

Court No. - 16 Case :- MATTERS UNDER ARTICLE 227 No. - 3905 of 2024 Petitioner :- Gayadeen Yadav Respondent :- The Up Ziladhikari, Kadipur, Tehsil-Kadipur Distt. Sultanpur And Another Counsel for Petitioner :- Pawan Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Pawan Kumar Tiwari, 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 opposite party no.1 i.e. U.P. Ziladhikari, Kadipur, Tahsil Kadipur, District Sultanpur to decide the application under Section 145 Cr.P.C. vide Case No.67/2023 expeditiously. Learned counsel for the petitioner submits that a positive direction be given to the trial court 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 trial court to decide the case of the petitioner, as merely keeping pending the same by the trial court does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the trial court is directed to decide the aforesaid case expeditiously i.e. within four months if already not decided, 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 :- 21.8.2024/Saurabh High Court of Judicature at Allahabad, Lucknow Bench