Allahabad High Court
Sushila Devi vs State Of Up And 7 Others on 2 September, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:141884 Court No. - 86 Case :- CRIMINAL MISC. WRIT PETITION No. - 14767 of 2024 Petitioner :- Sushila Devi Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Dilip Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. The present writ petition has been filed with the following prayer :
(i) issue an order or direction in the nature of mandamus commanding and directing the respondent no.2 i.e. Sub-Divisional Magistrate, Machhlishahar, District Jaunpur to conclude / decide the case no. 69 of 2013 (Computer Case NO. T20131436032498) under Sections 145/146 CrPC within stipulated period.
2. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material available on record.
3. It is submitted by learned counsel for the petitioner that the petitioner had purchased a residential house situated at village Brawan, Police Station Meerganj, Tehsil Machhlishahr, District Jaunpur from one Banke Lal (respondent no.6) through a registered sale deed on 1.11.2013 after paying due consideration amount. The aforesaid case under Sections 145/146 CrPC was filed by Vijay Kumar and Vinay Kumar, sons of Baldev Prasad against Vinod Kumar, Banke Lal, Ashok Kumar and Shiv Kumar before the Sub-Divisional Commissioner, Machhlishahr, Jaunpur. The petitioner has filed an impleadment application dated 27.8.2021 before the said authority which was allowed on 21.3.2023. The aforesaid case is pending since 2013 and is lingering on without any further proceeding. It is also submitted that a direction be issued to the Sub-Divisional Commissioner, Machhlishahr, Jaunpur to decide the said case expeditiously.
4. Learned A.G.A. opposed the prayer.
5. Having regard to the entire facts and circumstances of the case and considering the submissions made by learned counsel for the petitioner as well as the learned A.G.A., the Sub-Divisional Commissioner, Machhlishahr, Jaunpur is directed to make its all endeavour to decide the aforesaid case in accordance with law expeditiously, preferably within a period of three months from the date of production of certified copy of this order before it.
6. With the aforesaid observations, the writ petition stands disposed of accordingly.
Order Date :- 2.9.2024 safi