Girish Chandra Sharma v. State of U.P. Thru. Prin. Secy. Deppt. Home Lko. and 2 Others

Court No. - 16 Case :- MATTERS UNDER ARTICLE 227 No. - 4481 of 2024 Petitioner :- Girish Chandra Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Deppt. Home Lko. And 2 Others Counsel for Petitioner :- Rayees Ahmad Khan Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Rayees Ahmad Khan, learned counsel for the petitioner as well as Sri Veer Bhan Singh, 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 Principal Judge, Family Court, Room No.5, Lucknow to decide the application under Section 127 Cr.P.C. numbered as Case No.763 of 2023 filed on

23.03.2023 in expeditious manner. Learned counsel for the petitioner submits that a positive direction be given to the learned Additional Principal Judge, Family Court, Room No.5, Lucknow to decide the aforesaid application under Section 127 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 Principal Judge, Family Court, Room No.5, Lucknow to decide the application under Section 127 Cr.P.C. of the petitioner, as merely keeping pending the same by the learned Additional Principal Judge, Family Court, Room No.5, 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 Principal Judge, Family Court, Room No.5, Lucknow is directed to decide the aforesaid application under Section 127 Cr.P.C. filed by the petitioner in the above mentioned 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 :- 19.9.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench