Allahabad High Court
Maksood vs State Of U.P. And 6 Others on 20 October, 2022
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 29977 of 2022 Applicant :- Maksood Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.,Subhash Chandra Pandey Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Subhash Chandra Pandey, learned counsel for the respondent nos. 2 to 7.
This petition has been filed by the applicant seeking for following relief:-
" To issue ad ad-interim mandamus directing to the Court below to decide the Case No. 4055/9 of 2022 (Computer Case No. 12000 of 2022) State Vs. Julfikar and others, arising out with the case crime No. 1642 of 2020 under Section 420,467,468,471 and 120B I.P.C. and 12 (1) (B) Passport Act"
At the out, set, learned counsel appearing for the respondent nos. 2 to 7 has submitted that the proceeding of the complaint case No. 4055/9 of 2022 (supra) cannot be directed to be decided, as cognizance order has been passed only on 28.04.2022. Till date, trial has not commenced, as no charges have been framed in this case and as such no direction for deciding the case can be given.
Learned A.G.A. has opposed the petition and submitted that no plausible reasons have been pointed out on behalf of the applicant so as to direct the trial court to expedite the trial. He has placed reliance on judgment of Apex Court passed in SPECIAL LEAVE PETITION (CRIMINAL) Diary No (s). 30839 / 2021 M. GOPALAKRISHNAN & ORS. VERSUS PASUMPON MUTHURAMALINGAM & ANR.
On due consideration to the argument advanced, perusal of the record, so also relief claimed by the applicant and considering the judgment of Hon'ble Supreme Court in M. GOPALAKRISHNAN & ORS, (supra) I am of the view that no extraordinary reason has been shown by the applicant so as to direct the court below to expedite the trial. The cognizance in the present case was taken by the learned trial court on 28.04.2022. No direction can be given by this Court to expedite the case over an above the old pending cases. Besides the learned counsel for the applicant has only prayed for deciding the case No. 4055/9 of 2022 (supra). There is no prayer in the petition for expeditious disposal of the trial.
The petition is liable to be and is accordingly, dismissed.
After the above order was passed, learned counsel for applicant states that applicant wants to withdraw the petition and it may be dismissed as withdrawn.
In view of the aforesaid, the present petition is dismissed as withdrawn.
Order Date :- 20.10.2022/T.S.