Allahabad High Court
Anil Kumar Rastogi vs State Of U.P. And Another on 28 July, 2023
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:151420 Court No. - 90 Case :- APPLICATION U/S 482 No. - 17879 of 2023 Applicant :- Anil Kumar Rastogi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. beseeching expeditious disposal of Case No. 638 of 2022 (State Vs. Madhu Kumari), arising out of Case Crime No. 71 of 2022, under Sections 420, 467, 468, 471, 406 IPC, Police Station- Qilla, District- Bareilly, pending in the Court of learned Additional Chief Judicial Magistrate, Room No. 2, Bareilly.
2. While entertaining the instant matter, this Court has passed the order dated 15.05.2023, which is quoted herein below:-
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant to decide the trial of Case No. 638 of 2022 (State Vs. Madhu Kumari), under Sections 420, 467, 468, 471, 406 IPC, Police Station- Qilla, District- Bareilly, pending in the Court of learned Additional Chief Judicial Magistrate, Room No. 2, Bareilly.
Let the report be sought from the concerned Chief Judicial Magistrate, Bareilly regarding the day-today progress of the trial in Case No. 638 of 2022 (State Vs. Madhu Kumari) within a period of two weeks from today.
List this matter again, as fresh.
The Registrar (Compliance) shall communicate this order to the Chief Judicial Magistrate, Bareilly within two days."
3. In pursuance of the order dated 15.05.2023, learned Additional Chief Judicial Magistrate, Court No. 2, Bareilly has submitted the progress report with respect to the pendency of the case. Relevant paragraph of the said report is being quoted herein below:-
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????? ???? ?????? ???? ???????? ?? ???????? ??? ????? ?????? ???? ?? ??? ??? ???? ?? ????? ??? ?????? ?? ?? ???????? ??? ?????? ?? ????? ????? ?? ???????? ?? ???????? ???-??? ?? ???? ?? ?? ???? ?????''
4. The report submitted by the Additional Chief Judicial Magistrate appears to be satisfactory.
5. Record reveals that the present applicant, namely, Anil Kumar Rastogi is the complainant, who has moved the application under Section 156(3) Cr.P.C. In pursuance of the order passed by the court competent, F.I.R., being Case Crime No. 0071 of 2022 dated 28.03.2022, has been lodged. As per report submitted by the Additional Chief Judicial Magistrate, complainant/applicant herein himself is not cooperating with the trial.
6. Learned counsel for the applicant assured the Court that the present applicant will fully cooperate with the trial in getting the matter decided earlier.
7. Learned A.G.A. states that he has no objection in case the aforesaid case is directed to be decided within a stipulated period fixed by this Court.
8. In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction to the learned Additional Chief Judicial Magistrate, Room No. 2, Bareilly, before whom the case is pending, to decide the same expeditiously, preferably, within a period of eight months from the date of production of a certified copy of this order.
9. It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
10. With the aforesaid direction, present application is disposed of.
Order Date :- 28.7.2023 Pkb/