Allahabad High Court
Rajnath vs State Of U.P. And 3 Others on 16 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:106429 Court No. - 50 Case :- APPLICATION U/S 483 No. - 455 of 2023 Applicant :- Rajnath Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This Application under Section 483 Cr.P.C. has been filed by the applicant with a prayer to direct the court below to hear and decide the Criminal Revision No. 183 of 2022 (Raj Nath and others vs. State of U.P. and others) pending before Sessions Judge, Azamgarh expeditiously within stipulated time.
Learned counsel for the applicant states that summoning order was passed in proceeding u/s 133 Cr.P.C. against the applicant by the learned executive Magistrate for which Crl. Misc. Writ Petition no. 12759 of 2022 was filed by opposite party before this Court with prayer to issue mandamus commanding the Sub Divisional Magistrate to execute its order dated 2.7.2022 passed in Case No. 2384 of 2022; that writ petition was disposed of by this Court directing the Magistrate concerned to execute the aforesaid order within a period of two months. Learned counsel further submitted that applicant has filed criminal revision against the order dated 2.7.2022 before the court of sessions, which is still pending, however, opposite party has not appeared therein, hence, a direction may be issued to the court below to decide the same expeditiously.
It is directed that court below shall make all endeavour to decide this case expeditiously preferably within a period of two months from the date of production of certified copy of the order, without permitting undue adjournments to either side, if there is no legal impediment.
With this direction, this application is disposed of.
Order Date :- 16.5.2023 Dhirendra/