Allahabad High Court
Kapila vs State Of U.P.And Ors. on 19 December, 2019
Author: Irshad Ali
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- MISC. SINGLE No. - 35535 of 2019 Petitioner :- Kapila Respondent :- State Of U.P.And Ors. Counsel for Petitioner :- Awanish Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
On the issue involved in the present writ petition, I have heard learned counsel for the petitioner, no notice is required to be issued to the respondent Nos.2 and 3 as their interest would be well protected by the order proposed to be passed in the present writ petition.
By means of the present writ petition, the petitioner has prayed for issuance of direction to IInd Additional District Judge, SC/ST Act, Court No.2, Sultanpur to decide the protest application of the petitioner pending in F.R./ Criminal Miscellaneous Case No.93/2018, arising out of Case Crime No.87/2018, under Sections 376-D, 504 and 506 IPC and Section (i) (xi) SC/ST Act, Police Station Chanda, District Sultanpur.
Learned counsel for the petitioner submits that the said protest application is pending since 12.1.2019 and no order whatsoever has been passed till date. He submits that due to non passing of the order on protest application, the accused persons are enjoying and have not been taken into custody so far.
On the other hand, learned A.G.A. submits that in case the protest application is pending consideration, the same shall be considered and appropriate order shall be passed within a reasonable time in accordance with law.
In view of the submission advanced by learned counsel for the parties, no useful purpose will be served in keeping the writ petition pending.
Considering the facts and circumstances of the case and also without entering into the merits of the case, this writ petition is finally disposed of with the direction to the IInd Additional District Judge, SC/ST Act, Court No.2, Sultanpur to decide the protest application of the petitioner pending in F.R./ Criminal Miscellaneous Case No.93/2018, arising out of Case Crime No.87/2018, under Sections 376-D, 504 and 506 IPC and Section (i) (xi) SC/ST Act, Police Station Chanda, District Sultanpur after providing opportunity of hearing to the concerned parties and following procedure prescribed under law expeditiously, say within a period of 3 months from the date of production of certified copy of this order.
Order Date :- 19.12.2019 Gautam