Smt. Anju Devi v. State of U.P. Thru. Addl. Chief Secy. Home Lko and 2 Others

Court No. - 16 Case :- MATTERS UNDER ARTICLE 227 No. - 4265 of 2024 Petitioner :- Smt. Anju Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 2 Others Counsel for Petitioner :- Parashu Ram Kanaujia,Samar Bahadur Yadav Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Rajiv Kumar Kanaujiya, holding brief of Sri Parashu Ram Kanaujia, learned counsel for the petitioner, Sri Hari Shanker Bajpai, learned A.G.A.-I for the State Opposite Party No.1 as well as Sri Ram Lakhan, Opposite Party No.2 (In-person) 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, CBI (A.P.), Lucknow to hear the Complaint Case No.1575 of 2015 (Anju Vs. Ram Lakhan and another) and decide the same expeditiously. Learned counsel for the petitioner submits that a positive direction be given to the learned Additional Chief Judicial Magistrate, CBI (A.P.), Lucknow to decide the aforesaid case within a stipulated period. Learned A.G.A.-I as well as the opposite party no.2 have 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, CBI (A.P.), Lucknow to decide the case of the petitioner, as merely keeping pending the same by the learned Additional Chief Judicial Magistrate, CBI (A.P.), Lucknow 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, CBI (A.P.), Lucknow is directed to decide the aforesaid case expeditiously i.e. within four 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 :- 5.9.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench